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IN THE HIGH COURT OF ALLAHABAD
Hon'ble J.J. Munir,J.
Ram Sundar Pal – Appellant
Versus
State Of U.P. – Respondent
JUDGMENT :
(J.J. Munir, J.)
1. The petitioner is aggrieved by an order of the Superintendent of Police, Hathras dated 19.03.2023, cancelling his candidature for appointment as a Police Constable, a post for which he was selected after a recruitment held in accordance with rules, pursuant to an advertisement issued by the Police Recruitment and Promotion Board, Lucknow. The petitioner has also sought consequential reliefs.
2. The Chairman, Uttar Pradesh Police Recruitment and Promotion Board, Lucknow, published an advertisement for recruitment of Police and PAC Constables on their website, called PRPB-1 (82)/15. The petitioner applied for the post of Police and PAC Constable (Male) in the direct recruitment of the year 2015, for which, he says, he was eligible. It would be utterly unnecessary to mention details of the petitioner’s candidature for those are not in dispute or issue. The petitioner was selected and his name appeared in the merit list. He was issued a provisional admit card to appear in the physical efficiency test, scheduled to be held on 05.05.2016. He appeared in the physical efficiency test and declared successful. The petitioner was then called for character verificat
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 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....
Character verification for public service must consider the nature of past allegations and acquittals, rejecting mechanical disqualification based solely on prior criminal cases.
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 information in employment forms can justify cancellation of candidature, and subsequent acquittal may not warrant consideration for selection/appointment, especially in cases ....
Mere pendency of a criminal case does not disqualify a candidate for public service if the allegations are trivial and disclosed during the application process.
The court held that the non-disclosure of a past criminal case requires careful evaluation of circumstances, and automatic cancellation of appointment is arbitrary.
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 mere pendency of a criminal complaint, especially from matrimonial disputes, should not disqualify a candidate from public employment.
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....
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