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2003(1) JLJ 403
(SUPREME COURT)
Shivaraj V. Path and Arijit Pasayat, JJ.
Kendriya Vidyalaya Sangathan and others
Versus
Ram Ratan Yadav
Civil Appeal No. 3266 of 2001; arising out of 2002(2) Vidhi Bhasvar 263; Decided on : 26.2.2003.
The respondent was selected for the post of Physical Education Teacher. An appointment order dated 16.12.1997 was issued to him. On getting the appointment order, he was required to fill in the attestation form. As against column No. 12(1) of the said attestation form, he mentioned "No" despite the fact that a criminal case was pending against him in the Court of law. On the ground of suppression of factual information in the attestation form, his services were terminated by the memorandum dated 7/8.4.1999. He approached the Central Administrative Tribunal by filing OA No. 1150/99 challenging the said order of termination contending that he had education in Hindi medium and he is not web-conversant with English words. As such, he failed to understand the meaning of the word ‘prosecution‘ or ‘conviction‘. Under the misconceived notion, he did not take note of the column No. 12 in the attestation form. ... The Tribunal dismissed the OA at the admission stage itself. [Para 1
Aggrieved by and not satisfied with the order of the Tribunal, the respondent approached the High Court by filing a writ petition challenging the correctness and validity of the same. The Division Bench of the High Court, after considering the respective contentions urged on behalf of the parties, allowed the writ petition, set aside the order passed by the Tribunal and held that the respondent shall be deemed to be in service and entitled to consequential benefits. [Para 2]
Columns No. 12 and 13 as filled up, read thus:
"12: Have you ever been prosecuted/kept under detention or bound down/fined/convicted by a Court of law of any offence? NO
13. Is any case pending against you in any Court of law at the time of filing up this attestation form. NO" [Para 6
Held: It is not in dispute that a criminal case registered under sections 323, 341, 294, 506B read with section 34, IPC was pending on the date when the respondent filled the attestation form. Hence, the information given by the respondent as against columns No. 12 and 13 as "No" is plainly suppression of material information and it is also a false statement. [Para 7
The employer having regard to the nature of the employment and all other aspects had discretion to terminate his services, which is made expressly clear in para 9 of the offer of appointment. The purpose of seeking information as per columns 12 and 13 was not to find out either the nature or gravity of the offence or the result of a criminal case ultimately. The information in the said columns was sought with a view to judge the character and antecedents of the respondent to continue in service or not. Order of High Court reversed. [Para 8
(2) Precedent -- Supreme Court expressly withholding a case from using the same as precedent -- such case cannot be so used. (1999) 2 SCC 247 referred to. Order of High Court reversed. [Paras 9 & 10]
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Patil, J. -- 1. The respondent was selected for the post of Physical Education Teacher. An appointment order dated 16.12.1997 was issued to him. On getting the appointment order, he was required to fill in the attestation form. As against column No. 12(1) of the said attestation form, he mentioned "No" despite the fact that a criminal case was pending against him in the Court of law. On the ground of suppression of factual information in the attestation form, his services were terminated by the memorandum dated 7/8.4.1999. He approached the Central Administrative Tribunal by filing O.A. No. 1150/99 challenging the said order of termination contending that he had education in Hindi medium and he is not well-conversant with English words. As such, he failed to understand the meaning of the word 'prosecution' or 'conviction'. Under the misconceived notion, he did not take note of the column No. 12 in the attestation form. He also submitted that whatever was done by him, was in order to get employment because at the relevant time, he was undergoing great difficulty. It was his case that the incident took place at Raipure Square (Jabalpur) where number of persons were raising their grievances against the State authorities relating to non-grant of earthquake relief; he was not at all part of that mob; while he was passing, a few demonstrators who were his friends, pulled him into the mob; he, all of a sudden, later learnt that a case has been registered against him under sections 323, 341, 294, 506B read with section 34, IPC. The Tribunal dismissed the O.A. at the admission stage itself observing that ''the intention for suppression and giving false information and the explanation following it that lack of knowledge in English resulted in the misunderstanding of the meaning of the word 'prosecution' does not inspire any confidence in us. In the instant case, the applicant is a graduate and a bare look at the attestation indicates that the applicant intentionally concealed the facts. The Courts/Tribunals are not to pat a person on his shoulders in a case where he is making false statement to the authorities concerned for obtaining employment. In the circumstances, we are not inclined to interfere with the impugned memorandum."
2. Aggrieved by and not satisfied with the order of the Tribunal, the respondent approached the High Court by filing a writ petition challenging the correctness and validity of the same. The Division Bench of the High Court, after considering the respective contentions urged on behalf of the parties, allowed the writ petition, set aside the order passed by the Tribunal and held that the respondent shall be deemed to be in service and entitled to consequential benefits. In allowing the writ petition, the High Court observed thus :
"Non-mention of pending criminal case in column 12(1) of the attestation form can be for the reasons stated by the petitioner, more so when the medium of instruction in this State is primarily Hindi. That apart, the criminal case in which the petitioner was involved, has been withdrawn by the State Government. That means, the case was not serious and involvement of agitators in it was found for justification, otherwise the case against them would not have been withdrawn. That apart, it did not involve moral turpitude disqualifying the petitioner from seeking the employment."
3. The present appeal is directed against the said judgment and order of the High Court made in the writ petition.
4. The learned counsel for the appellants urged that in terms of memorandum containing offer of appointment dated 16.12.1997, the respondent was required to file necessary annexures and attestation forms if he was to accept the offer of appointment as per the terms and conditions stipulated as stated in para 8 of the said memorandum; para 9 of the said memorandum itself clearly shows that suppression of any information will be considered a major offence for which the punishment may extend to dismissa
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