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SALIL KUMAR RAI
Dinesh Kumar – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Salil Kumar Rai, J.
1. The issue in the present petition is as to whether the appointing authority can deny appointment to a selected candidate on the ground of non-disclosure of criminal cases registered against him even though the candidate was not named in the charge sheet filed in one case and was acquitted in the other case.
2. No counter affidavit is required in the case as copies of instructions to the Standing Counsel and necessary documents have been handed over to the Court by the Standing Counsel.
3. The petitioner applied for appointment to the post of Samiksha Adhikari / Sahayak Samiksha Adhikari in Civil Secretariat of Public Service Commission, Board of Revenue and the office of the Chief Election Officer in pursuance to the advertisement dated 05.03.2021 issued by the Uttar Pradesh Public Service Commission notifying the Samiksha Adhikari / Sahayak Samiksha Adhikari (General / Special Recruitment) Examination - 2021. The petitioner was selected for appointment and was asked to fill up a verification form / declaration which required the petitioner to disclose the details of the criminal case, if any, pending or registered against him. The petitioner submitted
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.
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 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.
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 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....
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 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....
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