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2023 Supreme(P&H) 2156
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
GURVINDER SINGH GILL, J.
Sho Parkash – Petitioner
Versus
State of Punjab & Ors. – Respondents
CWP-15081 of 2023 (O&M)
Decided On : 17-08-2023
Mr. Rajinder Kumar Singla, Advocate; For the Petitioner
Mr. Inderpreet Singh Kang, AAG, Punjab.
Headnote:(A) Constitution of India - Article 14 - Employment Law - The petitioner challenges the withholding of medical examination for Sub-Inspector recruitment due to non-disclosure of a pending FIR. The court determined that concealment of material facts regarding criminal proceedings disqualified the petitioner from appointment. (Paras 2, 10, 11, 22)
(B) Non-Disclosure - The petitioner failed to disclose a pending FIR despite specific requirement in the application form concerning criminal cases. The court reinforced that candidates must truthfully disclose any pending criminal cases to ensure integrity in recruitment processes. (Paras 10, 19)
Facts of the case:
The petitioner, initially provisionally selected as a Sub-Inspector, had an FIR pending against him, which he did not disclose in his application. The court noted that he was later implicated through witness statements, though he was ultimately found innocent. (Paras 3, 4)
Findings of Court:
The petitioner’s omission to disclose the FIR was deemed a significant concealment of fact, justifying the withholding of his medical examination and eventual appointment. (Paras 22)
Issues: The court addressed whether the petitioner had a duty to disclose the existence of the FIR, the implications of non-disclosure, and whether such non-disclosure warranted disqualification from appointment. (Paras 6, 10)
Ratio Decidendi: The court maintained that the non-disclosure of the FIR constituted suppression of material fact, aligning with standards for integrity expected in disciplined services; thus, disallowing the petition. (Paras 11, 19)
Result: Petition dismissed.
| Table of Content |
|---|
| 1. petitioner's selection and issues from fir. (Para 1 , 2 , 3) |
| 2. argument for non-disclosure of fir. (Para 4 , 5) |
| 3. state's justification for withholding medical exam. (Para 6 , 7 , 8) |
| 4. court's analysis of disclosure obligation. (Para 9 , 10 , 11 , 12 , 13 , 14) |
| 5. legal precedents on disclosure of criminal cases. (Para 15 , 16 , 17) |
| 6. conclusions about suppression of information. (Para 18) |
| 7. comparison of current case with other judgments. (Para 19 , 20 , 21) |
| 8. final dismissal of the petition. (Para 22) |
JUDGMENT
Mr. Gurvinder Singh Gill, J.
The petitioner assails e-mail dated 21.6.2023 (Annexure P-9) sent by Recruitment Cell, Office of Additional Director General of Police, Punjab, vide which the medical examination which was to be conducted pursuant to his selection as a Sub-Inspector in Punjab Police, has been put on hold.
2. It may here be clarified that the name of the petitioner i.e. Sho is rather deceptive and is not to be confused with the abbreviation "SHO" for 'Station House Officer' although the petitioner has chosen to write his first name in capitals so as to state it as "SHO Parkash". The Matriculation Certificate of petitioner wherein the name of the petitioner is also written in Punjabi language clearly reveals that the name of the petitioner is Sho, which would be pronounced as "show".
3. The State of Punjab had issued an advertisement dated 06.07.2021 (Annexure P-4) inviting applications for recruitment to the posts of Sub- Inspector. The petitioner applied for the said post and appeared in written examination and on the basis of the marks obtained by him in the written examination, physical measurement and physical screening test was conducted. Upon scrutinizing his documents he was provisionally selected and was issued a call letter dated 22.5.2023 (Annexure P-7), directing him to submit his original documents. Thereafter, a letter dated 19.6.2023 (Annexure P-8) was issued directing the petitioner to appear before Chief Medical Officer, Civil Hospital so as to get himself medically examined. However, subsequently the petitioner received e-mail dated 21.6.2023 (Annexure P-9) from Recruitment Cell, Office of Additional Director General of Police, Punjab State Intelligence, informing him that upon verification of his character and antecedents, it had been found that FIR No.185 dated 14.9.2020, Police Station Khuhi Khera, District Fazilka, under Sections 307 , 353, 186, 341, 324, 323, 148, 149, 506, 120-B IPC was pending against the petitioner and that since the petitioner had concealed the said fact, therefore, his medical examination was being kept on hold.
4. Learned counsel for the petitioner submitted that there is no ground for withholding the medical examination of the petitioner and that he had not concealed any material fact or withheld any information and had duly complied with the requirements as were required of him. Learned counsel has submitted that as a matter of fact the FIR in question was lodged by specifically mentioning the names of Sushil Kumar and Rahul who were stated to be accompanied by 7 unidentified persons and that the petitioner was nowhere named in the FIR lodged on 14.9.2020. It has been submitted that subsequently Sushil Kumar and Rahul, the accused named in the FIR, were arrested on 15.9.2020 and on the same day statement of one eye- witness Divanshu was recorded wherein he named 7 more persons as accused including the petitioner. It has been submitted that father of the petitioner, upon coming to know that the petitioner has been implicated in connection with FIR No.185 dated 14.9.2020 (Annexure P-10), moved an application dated 28.9.2020 to Senior Superintendent of Police, Fazilka and pursuant thereto an inquiry was conducted in the matter and the petitioner had been found innocent as would be evident from DDR No.46 dated 12.11.2020 (Annexure P-12). It has further been submitted that upon conclusion of investigation a challan was presented wherein the petitioner
