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SALIL KUMAR RAI
Ashish Kumar Rajbhar – 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 only on the ground of non-disclosure of a criminal case registered against him even though the candidate was not named as an accused in the charge sheet and was not put on trial in the said case.
2. The facts of the case are that the petitioner was selected for appointment as constable in the selections held in pursuance to the advertisement issued in 2015 by the Uttar Pradesh Police Recruitment and Promotion Board, Lucknow. The selected candidates were asked to file an affidavit disclosing whether any criminal case had been registered against them or was pending consideration in any court. The candidates were warned that in case any information given in the affidavit was found to be wrong, they would be liable to be dismissed or removed from service. The petitioner submitted his affidavit dated 11.06.2018 putting a cross against the column which required disclosure of criminal cases, representing that no criminal case was either registered or pending against the petitioner. It has been stated by the petitioner that subsequently he
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.
Non-disclosure of minor criminal involvement does not automatically disqualify a candidate; suitability must be assessed holistically by the appointing authority.
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....
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 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.
The court held that the non-disclosure of a past criminal case requires careful evaluation of circumstances, and automatic cancellation of appointment is arbitrary.
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