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ASHWANI KUMAR MISHRA, SYED QAMAR HASAN RIZVI
Nikhilesh Kumar Gautam – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Syed Qamar Hasan Rizvi, J.
1. Heard learned counsel for the parties and perused the records.
2. The case of the petitioner-appellant as narrated in the writ petition is that the petitioner-appellant applied for the post of clerk in the Kanpur Judgeship in pursuance of the advertisement notified by the State Government on 17.6.2017 on the Government Portal. After going through the written test as well as the typing test he was finally declared selected on 2.6.2018. Thereafter, verification of the documents was made on 11.2.2019 in respect of the selected candidates including the petitioner-appellant and further the candidates were required to submit an affidavit making certain declarations. The appellant also filed an affidavit on 11.2.2019 declaring therein that no criminal case is pending against him nor he has been convicted in any case. Thereafter, the appellant-petitioner was appointed, and accordingly joined on 12.2.2019 as Misc. Clerk in the Additional Court Judgeship Kanpur Nagar.
3. The said appointment upto 30.3.2020 was of contractual nature. However, the same was extended upto 28.2.2021. The contention of the counsel for the appellant is that all of sudden on 5.8.
The court established that termination based on non-disclosure of a past criminal case requires careful consideration of the nature of the allegations and the candidate's overall suitability.
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....
Non-disclosure of minor criminal involvement does not automatically disqualify a candidate; suitability must be assessed holistically by the appointing authority.
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....
Suppression of material facts regarding pending criminal cases has a clear bearing on the character, conduct, and antecedents of the employee, and can lead to termination of services.
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....
Non-disclosure of trivial criminal cases does not disqualify a candidate for government service; the appointing authority must consider the nature of the case and the candidate's overall suitability.
The court held that the non-disclosure of a past criminal case requires careful evaluation of circumstances, and automatic cancellation of appointment is arbitrary.
Probationary employees may be terminated for violating appointment terms, including misrepresenting criminal history, without requiring formal procedural safeguards.
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