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2015 Supreme(All) 520

ALLAHABAD HIGH COURT
BEFORE : MAHESH CHANDRA TRIPATHI, J.
KAMKHYA NARAIN SINGH .....Petitioner
Versus
NATIONAL AIRPORT AUTHORITY, DELHI AND OTHERS ....Respondents
(Civil Misc. Writ Petition No. 13981 of 1995, decided on 31st March, 2015)

Advocates:
Counsel :
R.K. Awasthi, A.K. Singh, G.P. Singh, K.J. Khare, R.K. Mishra and S.N. Singh for the Petitioner; S.C., U.N. Singh and V.K. Singh for the Respondents.

Headnote:Selection—Cancellation—Fire and Rescue Operator (a Class III Post)—Furnished false information on attestation form for verification of character and antecedents—Petitioner concealed his prosecution in Criminal Case under Sections 498-A and 3/4 Dowry Prohibition Act—Petitioner for getting employment made deliberate false statement—The verification of character and antecedents one of the most important criterias to test whether selected candidate suitable for the post or not—The concealment of material fact by a candidate at the time of seeking appointment fatal and such appointment held liable to be cancelled. [Paras 13 and 15]

JUDGMENT

Hon’ble Mahesh Chandra Tripathi, J.—Heard Shri R.K. Awasthi, learned counsel for the petitioner. Shri V.K. Singh Sr. Advocate appears for the respondents.

2. By means of the present writ petition, the petitioner has prayed for following reliefs :

“(i) to issue an appropriate writ, order or direction in the nature of certiorari quashing the impugned cancellation order dated 6.9.1994 (Annexure-9).

(ii) to issue an appropriate writ order or direction in the nature of mandamus commanding the respondents to appoint the petitioner to the post of Fire and Rescue Operator at Civil Aerodrime Varanasi.

(iii) to pass such other and further orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case which the petitioner is found entitled to.

(iv) to award costs.”

3. By order dated 25.8.1999 the petitioner was allowed to add the following reliefs in the prayer clause :

“(v) issue a writ, order or direction in the nature of certiorari quashing the impugned advertisement (Annexure 1 to the affidavit).

(vi) issue a writ, order or direction in the nature of mandamus commanding the respondents to decide the representation (Annexure 3 to the affidavit) made by the petitioner.

(viii) issue a writ, order or direction in the nature of mandamus commanding the respondents to reserve one post of Fir and Rescue Operation for the petitioner.”

4. Brief facts giving rise to the writ petition are that the petitioner was an applicant for the post of Fire and Rescue Operator (a Class-III post). The petitioner being eligible for the said post, his name was sent by the Employment Exchange vide letter dated 24.8.1992 and as such the petitioner appeared for preliminary physical measure and written test on 6th September, 1992 in the office of respondent No. 2 i.e. National Airport Authority, Varanasi. After preliminary physical measurement and written test, which was scheduled to take place on 6.9.1992 the petitioner was asked to appear for final selection in the office of Senior Aerodrome Officer, National Airport Authority, Safdarjang, New Delhi. He competed in the final selection and was thereafter nominated for training subject to production of police verification. In this connection he was required to submit a declaration in a prescribed proforma known as attestation form for verification of character and antecedents, which he did. Subsequently the petitioner had been informed by letter dated 6.9.1994 that as he had given false information in Column 12 of the aforesaid form and had suppressed material facts, as such his selection for the post of Fire and Rescue Operator was cancelled. It is also apparent from the record that the petitioner had filed this writ petition seeking quashing the aforesaid order dated 6.9.1994 and the writ petition was entertained by this Court in the year 1995. For a considerably long time the respondents were not asked to file counter-affidavit in the matter. It was only in 1999 the respondents were asked to file counter-affidavit. On 8.2.2000 this Court had passed the following interim order in favour of the petitioner. The same is reproduced hereunder :

“This petition was filed in the year 1995. No counter-affidavit has been filed. Learned counsel for the respondent prays and is allowed 6 weeks’ more time to file counter-affidavit. In the meantime, the petitioner shall be allowed to join and shall be paid salary.”

5. Aggrieved with the said order the respondents had preferred Special Appeal No. 137 of 2000 (National Airport Authority and others v. Kamakhya Narain Singh), which was allowed vide order dated 22.4.2000 with following observations :

“We are, therefore, of the considered view that on the facts of the present case, the impugned order passed by the learned Single Judge to the effect that the writ petitioner shall be allowed to join and shall be paid salary is wholly unjustified and is liable to be set aside.

For the reasons mentioned above, the special appeal succeeds and is h










































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