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VIVEK KUMAR BIRLA, DONADI RAMESH
Ravendra Singh – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
1. Heard Shri Punit Kumar Gupta, learned counsel for the petitioner in Writ - A No. 68541 of 2015 and respondent no.2 in connected Writ-A No.41433 of 2015 as well as Shri A.K.Gaur, learned Senior Counsel assisted by Shri Anil Kumar, learned counsel appearing for Union of India in both writ petitions.
2. Writ - A No. 68541 of 2015 has been filed with the following prayer:-
II. Issue a writ or direction in the nature of mandamus to the respondent No.1 to 3 to treat the petitioner in service and pay salary and other allowances etc. admissible to the post from date Junior in the merit/select list was given appointment in service, till the date petitioner is taken on duty by the respondents."
3. Writ-A No.41433 of 2015 has been filed with the following prayer:
Non-disclosure of minor criminal involvement does not automatically disqualify a candidate; suitability must be assessed holistically by the appointing authority.
The court held that the non-disclosure of a past criminal case requires careful evaluation of circumstances, and automatic cancellation of appointment is arbitrary.
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 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....
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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