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SUNITA AGARWAL, VIKAS BUDHWAR
Umesh Chand – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
By the Court.-Heard Sri Vinod Kumar Mishra, learned counsel for the appellant and Sri A.K. Roy, Additional Chief Standing Counsel who appears for the State-respondents.
2. This intra-Court appeal is against the judgment and order of the learned Single Judge dated 8.7.2022 passed in Writ -A No. 6513 of 2022 (Umesh Chand v. Sate of U.P. and 3 others) whereby the writ petition of the writ petitioner was dismissed.
3. The case of the writ petitioner before the learned Single Judge was that the advertisement was published by the Additional Secretary (Recruitment), Uttar Pradesh Police Recruitment and Promotion Board, U.P. at Lucknow on 16.11.2018 for filling up the post of Constable Civil Police and Constable PAC, Direct Recruitment October-2018-II. A total number of as many as 49,568 posts of Constables in Civil Police and Constables in PAC were advertised, break up whereof was 31360 posts was earmarked for Constable Civil Police and 18,208 posts for Constable in PAC. Advertisement itself provided 19.11.2018, as the opening date for submission of application form, 8.12.2018 as the last date for submission of the application form through online mode. It is the case of the writ p
Mere pendency of a criminal case does not disqualify a candidate for public service if the allegations are trivial and disclosed during the application process.
The court established that non-disclosure of criminal antecedents can impact employment in law enforcement, but subsequent disclosures and acquittals must be duly considered by the appointing authori....
Character verification for public service must consider the nature of past allegations and acquittals, rejecting mechanical disqualification based solely on prior criminal cases.
The judgment established that the statutory rules governing appointment procedures must be followed strictly, and the acquittal of a candidate after the stage of consideration does not override the b....
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.
Non-disclosure of a trivial criminal case does not automatically disqualify a candidate for government service; the appointing authority must consider the nature of the case and the candidate's overa....
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 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 main legal point established in the judgment is the significance of impeccable character and integrity for candidates in the police force and the impact of criminal antecedents, even if acquitted....
The main legal point established is that pending criminal cases, especially those involving grave moral turpitude, can justify the denial of appointment to government service, in accordance with the ....
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