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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
SHRI SANJEEV SACHDEVA, CJ, VINAY SARAF
Sachin – Appellant
Versus
Hon’ble The High Court Of Madhya Pradesh Principal Seat Of Jabalpur – Respondent
| Table of Content |
|---|
| 1. non-disclosure of a minor criminal case leads to rejection. (Para 1 , 2 , 3 , 4 , 5) |
| 2. assessment of suitability must consider all aspects. (Para 6) |
| 3. character evaluations must be fair and based on relevant facts. (Para 7 , 9) |
| 4. holistic assessment of past conduct required. (Para 10) |
| 5. court directs reconsideration of the case. (Para 11 , 12) |
ORDER :
Sanjeev Sachdeva, C.J.
1. Petitioner seeks setting aside of order dated 05.10.2023 passed by the District and Sessions Judge, Sehore; whereby the District and Sessions Judge Sehore rejected the candidature of the petitioner for being appointed to the post of Assistant Grade-III on the ground of concealment of the involvement in a criminal case.
2. An advertisement was published by the High court on 12.11.2021 seeking applications for appointment to the post of Assistant Grade-III. Petitioner submitted the application, however, in the application form the petitioner, to the query as to whether he had been involved in any criminal proceedings either before the Police or before a Court and whether the same were pending or disposed of, he had answered in the “Negative”.
3. Petitioner thereafter participated in the Preliminar
Non-disclosure of minor criminal involvement does not automatically disqualify a candidate; suitability must be assessed holistically by the appointing authority.
The court held that the non-disclosure of a past criminal case requires careful evaluation of circumstances, and automatic cancellation of appointment is arbitrary.
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.
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.
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