MANJU RANI CHAUHAN
Prashant Kumar – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
MANJU RANI CHAUHAN, J.
1. Heard Mr. Vijay Gautam, Senior Advocate assisted by Mr. Rishabh Kesarwani, learned counsel for the petitioner and learned Standing Counsel for the State-respondents.
2. This writ petition has been filed by the petitioner with the following prayer:
(ii) Issue a writ, order or direction, in the nature of mandamus, commanding the respondent authorities, to appoint the petitioner finally for the post of Constable Civil Police and Constable PAC, Direct Recruitment 2018-II, pursuant to the advertisement dated 16.11.2018 and in pursuance of the select list issued vide notification dated 02.03.2020 with all consequential benefits.
(iii) Issue a writ, order or direction in the nature of mandamus, directing the respondent authorities, to send the petitioner for necessary training on the post of Constab
Order impugned cancelling the candidature of the petitioner is not sustainable in the eye of law.
Mere suppression of material/false information in a given case does not mean that the employer can arbitrarily discharge/terminate the employee from service.
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....
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 ....
The deliberate furnishing of false information about the non-pendency of a criminal case can warrant the cancellation of candidature or termination of service, as per the guidelines laid down in rele....
The competent authority must evaluate the suitability of a candidate with pending criminal charges for police service, considering the nature of the charges as per guidelines established in Avtar Sin....
The suppression of a pending criminal case does not automatically disqualify a candidate; the nature of the offence and the candidate's overall character must be considered in recruitment decisions.
Point of Law : Suppression of information about pending criminal case in verification form is a sufficient ground for canceling the candidature or withholding appointment.
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