IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
JAGMOHAN BANSAL
Ved Parkash – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
JAGMOHAN BANSAL, J.
1. As common issues are involved in the captioned petitions, with the consent of both sides, the same are hereby disposed of by this common order. For the sake of brevity and convenience, facts are borrowed from CWP-32824-2024.
2. The petitioner through instant petition under Article 226/227 of the Constitution of India is seeking setting aside of communication dated 01.10.2024 whereby his candidature has been rejected on the ground that he was implicated in a criminal case.
3. The petitioner pursuant to Advertisement No. 3/2021 applied for the post of Intelligence Assistant (Constable) in the Intelligence Cadre and Constable in Punjab Police Investigation Cadre (PBI)-2021. He applied under Ex-Servicemen (Scheduled Caste) Category. He successfully cleared written test followed by physical measurement and physical screening test. The respondent, during verification of his credentials, found that an FIR No. 57 dated 12.09.2012 under Sections 498A, 406, 506, 34 IPC, P.S. Taragarh, Pathankot was registered against him. On account of said FIR, the respondent by impugned order has cancelled his candidature.
4. Learned counsel for the petitioner submits that peti
Non-disclosure of minor criminal involvement does not automatically disqualify a candidate; suitability must be assessed holistically by the appointing authority.
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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.
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