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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARPREET SINGH BRAR
Sandeep Kumar – Appellant
Versus
Dakshin Haryana Bijli Vitran Nigam Limited – Respondent
JUDGMENT :
HARPREET SINGH BRAR J.
1. Prayer in this writ petition filed under Articles 226 of the Constitution of India, is for issuance of a writ in the nature of certiorari, for quashing the action of respondent No.2 dated 08.01.2026 (Annexure P-9) wherein the petitioner was not allowed to join on the post of LDC (Common Cadre) in Dakshin Haryana Bijli Vitran Nigam Limited on the ground of concealing the factum of pendency of a criminal case against him. Further a writ of mandamus has been sought, directing the respondents to allow the petitioner to join on the post of LDC (Common Cadre) in Dakshin Haryana Bijli Vitran Nigam Limited.
2. Learned counsel for the petitioner, inter alia, contends that the petitioner had applied for the post of Lower Division Clerk (LDC) in DHBVNL in response to the advertisement dated 05.07.2019 (Annexure P-1) and in the application form (Annexure P-2), the petitioner has mistakenly answered "NO" to the question regarding pending FIRs, though an FIR No.894 dated 25.06.2018 registered under Sections 419 and 420 IPC, at Police Station City Panipat, was pending against him. The petitioner was, thereafter, selected and issued an appointment letter on 18.05.
The concealment of a pending criminal case during the employment application process can justify termination of services, as integrity and character are critical for positions within the judicial sys....
Suppression of material facts regarding pending criminal cases has a clear bearing on the character, conduct, and antecedents of the employee, and can lead to termination of services.
The employer's decision to cancel the petitioner's selection was not reasonable or objective and that it violated the principles of natural justice.
The court emphasizes that minor omissions in self-disclosure during recruitment can be reconsidered if disclosed later, balancing integrity with the potential for rehabilitation.
The main legal point established in the judgment is that the queries in an application form must be specific and not vague, and a candidate cannot be held accountable for not responding to a query wh....
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