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J. J. MUNIR
Shivam Yadav – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
J.J. Munir, J.
1. This writ petition is directed against an order of the Superintendent of Police, Mainpuri dated July the 8th, 2024, cancelling the petitioner’s selection/ candidature as a Constable in the Uttar Pradesh Police on ground of his involvement in a criminal case.
2. The petitioner was selected as a Constable in the Constable Civil Police and Constable PAC, Direct Recruitment, October, 2018-II, held pursuant to an advertisement dated 16.11.2018 issued by the Deputy Inspector General of Police, Establishment/ Personnel, Office of the DGP, Police Headquarters, Lucknow. The petitioner says that pursuant to the advertisement last mentioned, he applied for the post of a Constable in the category of OBC Male. He says that he was eligible and fulfilled all the requisite qualifications and conditions mentioned in the advertisement dated 16. 11.2018. The application form was submitted online. A total number of 49568 posts of Constables Civil Police and PAC were advertised through the advertisement under reference. The petitioner says that 31360 posts advertised were earmarked for the Civil Police whereas 18208 for the Provincial Armed Constabulary (PAC) Establishment.
3.
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....
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.
Character verification for public service must consider the nature of past allegations and acquittals, rejecting mechanical disqualification based solely on prior criminal cases.
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.
The suppression of material facts during application must be judged contextually; non-disclosure alone does not automatically disqualify a candidate, especially if they later disclose relevant inform....
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....
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....
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.
The court emphasizes that minor omissions in self-disclosure during recruitment can be reconsidered if disclosed later, balancing integrity with the potential for rehabilitation.
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