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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
SIDDHARTHA VARMA, YOGENDRA KUMAR SRIVASTAVA
State Of Up – Appellant
Versus
Dinesh Kumar – Respondent
JUDGMENT :
Siddhartha Varma, J.
1. In response to an advertisement issued by the Public Service Commission dated 5.3.2021, the petitioner, who was a Scheduled Caste candidate, applied for being appointed on the post of Samiksha Adhikari/Sahayak Samiksha Adhikari in the Central Secretariat of the Public Service Commission/Board of Revenue/office of the Chief Election Officer. In response thereof, the petitioner was allotted a Roll Number being Roll No.217801. After having participated in the examination process, the final result of the selection was published by a press notification dated 20.1.2023 wherein the petitioner was shown as selected as Sahayak Samiksha Adhikari and his name was shown at Serial No.99 of the list of selected candidates. On 19.5.2023, the petitioner was required to fill up a declaration/verification form and was required to be medically examined by the Chief Medical Officer, Sant Ravidas Nagar. In response thereof, the petitioner submitted his verification form on the prescribed format on 31.5.2023. He was also medically examined on 2.6.2023. After having filled his verification form wherein the petitioner had indicated that no criminal proceeding had been unde
The concealment of minor criminal cases in employment applications should be evaluated contextually, considering the candidate's background and the nature of the offenses.
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 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.
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 employment, especially if the case has been quashed.
Non-disclosure of a pending criminal case in employment applications must be evaluated against the nature of the charges and the context of acquittal, impacting the candidate's suitability for servic....
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 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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