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IN THE HIGH COURT OF ALLAHABAD
Hon'ble J.J. Munir,J.
Saurabh Sahai – Appellant
Versus
State of U.P. – Respondent
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-sc
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 minor criminal involvement does not automatically disqualify a candidate; suitability must be assessed holistically by the appointing authority.
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....
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.
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....
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