An employee cannot be penalized for failing to disclose a criminal proceeding of which they had no knowledge, as knowledge is essential to establish concealment in employment contexts.

JUDGMENT :

Neeraj Tiwari, J.

1. Heard Sri Ashish Mishra alongwith Sri Jitendra Kumar Singh, learned counsel for the petitioner and learned Standing Counsel for the State-respondents.

2. Present petition has been filed with the following prayers:-

"(i) Issue, a writ, order or direction, in the nature of certiorari, quashing the impugned termination order dated 14.10.2022 passed by the Respondent no.6, the Senior Superintendent, Central Jail, Naini, Prayagraj

(ii) Issue, a writ, order or direction, in the nature of mandamus directing the respondent authorities to reinstate the services of the petitioner on the post of Jail Warder/Bandi Rakshak, treating the petitioner continuous in service, with all consequential benefits and to pay the regular salary of the petitioner, month by month when it falls become due."

3. Brief facts of the case are that pursuant to the advertisement dated 29.11.2018, he had applied for the post of Jail Warder (Male) & Constable Mounted Police in U.P. Police Department Direct Selection-2018. Final result was published on 1.7.2021 and petitioner was declared successful. On 9.8.2021, he called for document verification as well as submission of notary affidavit. After verification, he was issued appointment letter on 8.9.2021. Thereafter, petitioner has submitted his joining as Jail Warder in District Jail, Pratapgarh on 13.9.2021. Letter was issued by the Senior Superintendent, Central Jail, Naini, Prayagraj on 28.2.2022 to the Superintendent of Police, Azamgarh asking about the status of final report dated 30.1.2021 submitted in favour of petitioner. Thereafter, petitioner was issued show cause notice dated 21.7.2022 seeking written explanation for not disclosing about the FIR No.233 of 2020 under Section 3 /4 of Prevention of Damage to Public Property Act, 1984, Police Station- Jahanaganj, District Azamgarh. Petitioner has submitted specific reply that petitioner was having no knowledge about the registration of aforesaid F.I.R. against him. In the said matter, police authorities have ultimately submitted final report on 30.01.2021. Meanwhile, without considering the reply of petitioner, he was terminated from service vide order dated 14.10.2022. Hence the present writ petition.

4. Sri Ashish Mishra, learned counsel for the petitioner has taken specific stand in the writ petition that petitioner was having no knowledge about the registration of FIR against him, therefore, there is no occasion for him to disclose the aforesaid facts by submitting affidavit before joining the services. He also pointed out that in rejoinder affidavit, there is no denial of aforesaid facts. Not only this, final report was also accepted by the Court vide order dated 2.11.2022. He also pointed out that this Court vide order dated 24.10.2024 granted time to learned Standing Counsel to verify this fact that as to whether final report has been accepted by the Court vide order dated 2.11.2022 or not. In compliance of said order, learned Standing Counsel has produced the instruction and according to that final report was accepted by the Court on 2.11.2022. In support of his contention, he has placed reliance upon the judgment of Apex Court as well as this Court in the cases of Avtar Singh vs. Union of Indian , (2016) 8 SCC 471 & Ram Millan Kushwaha vs. State of U.P. and others passed in Writ-A No.30826 of 1990, in which it was held that a candidate cannot be blamed for concealment of fact in case he was having no knowledge about the criminal proceedings initiated against him, therefore, under such facts and circumstances, order impugned is bad and liable to