The court held that the non-disclosure of a past criminal case requires careful evaluation of circumstances, and automatic cancellation of appointment is arbitrary.

JUDGMENT :

J.J. Munir, J.

1. This writ petition is directed against an order of the District Judge, Saharanpur, acting as the Disciplinary Authority under the Service Rules, dated 01.07.2024, cancelling the petitioner’s appointment as a Class-IV employee in the establishment of the District Court.

2. It is common ground between parties that the High Court of Judicature at Allahabad (for short ‘the High Court’) advertised Group-D posts for recruitment in the District Judgeships through the Uttar Pradesh Civil Court Staff Centralized Recruitment, 2022-23. The petitioner was eligible and qualified. He applied for the post of a Class-IV employee. His application, being found in order, was allotted Roll No. 75393089. There is no quarrel that the petitioner cleared all stages of the recruitment process and declared a selected candidate. He was allotted the District Judgeship of Saharanpur for appointment. Acting upon the recommendation for selection, the District Judge, Saharanpur issued an appointment order dated 29.06.2023 in the petitioner’s favour. He was appointed to a Group-D post, which includes a Chowkidar, Waterman, Sweeper, Mali, Porter, Bhishti and Lift Man. It carries the pay-scale of Rs.5200-20200/- with a grade-pay of Rs.1800/- per month. The petitioner put in his joining report promptly and had been discharging his duties regularly. He drew his monthly salary up to the month of June, 2024.

3. On the 18^th of October, 2023, the District Judge issued a show cause notice, based upon a circular of the High Court, bearing No. 4416/ 2023/ Recruitment Cell/ High Court, Allahabad dated 30.08.2023. The petitioner filed his reply to the show cause notice on 28.10.2023. The District Judge passed an order, cancelling the petitioner’s appointment on the 1^st of July, 2024. As it appears from the record, the petitioner’s letter of appointment carried a condition to the effect that if in the police verification or the verification of educational testimonials and other documents, any inaccuracy was found, the appointment made would stand automatically cancelled. The recruitment test for the post that the petitioner sat was called the Uttar Pradesh Civil Court Staff Centralized Recruitment, 2022-23. The form, that he filled up online, carried two columns:

(a) Whether you have been tried, convicted or acquitted by Court of law?

(b) Whether any criminal complaint has ever been instituted against you?

The applicants were also required to disclose the marital status in the relevant column of the application form. While filling up the form online, the petitioner entered a ‘No’ against both columns, above detailed relating to criminal antecedents. Also, regarding his marital status, the petitioner declared that he was unmarried.

4. The petitioner was permitted to join service on 20.06.2023 pursuant to the appointment letter dated 19.06.2023. The petitioner also submitted an affidavit dated 22.05.2023 before the District Judge, stating therein that neither any criminal case was ever registered against him to the best of his knowledge nor any police investigation of a criminal case was pending against him. He also said in the affidavit that he was never convicted by any competent Court of law in any criminal case. During the process of joining and verification of candidates selected under the Uttar Pradesh Civil Court Staff Centralized Recruitment, 2022-23, some directions were issued by the High Court on the administrative side, as it seems. Regarding those selected candidates, against whom any criminal case is pending, it was said vide letter dated 30.08.2023 issued by the High Court that the matter was placed before the Committee of Judges concerned and the Committee resolved:

"that in the event of any criminal case or proceeding is found pending against any candidate in any Court that was registered after the submission of his online application form and the candidate has furnished the details of the same in the affidavit, the joining may be offered