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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
JAGMOHAN BANSAL
Ravinder – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
JAGMOHAN BANSAL, J.
1. The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking setting aside of order dated 08.12.2017 whereby his appointment has been cancelled under Rule 12.18(4) of Punjab Police Rules, 1934 as made applicable to State of Haryana (in short ‘PPR’).
2. The petitioner pursuant to Advertisement No. 08/2015 applied for the post of Constable. He successfully cleared written test followed by physical measurement and screening test. He on 24.06.2017 as per Rule 12.18 of PPR filed verification-cum-attestation form. The respondent during verification of his credentials found that an FIR No. 91 dated 29.09.2013 under Sections 420/120 IPC at P.S. East Shimla was registered against him. Police filed cancellation report which was duly accepted by trial court vide order dated 26.09.2014. The respondent constituted a committee to consider his suitability. The said committee recommended his name and he was issued an appointment letter dated 13.07.2017. The respondent by impugned order dated 08.12.2017 has cancelled his candidature on account of non-disclosure of aforesaid FIR in attestation form.
3. Learned Counsel for the p
The cancellation of a candidate's selection based solely on the registration of a criminal case, without evidence of complicity, is unjustified and reflects a lack of proper consideration of the fact....
Employment eligibility should be evaluated based on rules in place during application, not amended rules enacted post-selection process.
Suppression of material information in employment forms can justify cancellation of candidature, and subsequent acquittal may not warrant consideration for selection/appointment, especially in cases ....
A candidate's non-disclosure of a past acquitted criminal case does not automatically justify disqualification from public service; each case must be assessed on its merits and surrounding context.
The suppression of material facts during application must be judged contextually; non-disclosure alone does not automatically disqualify a candidate, especially if they later disclose relevant inform....
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