Suppression of material information in attestation forms for public employment, particularly involving moral turpitude, justifies cancellation of candidature despite subsequent acquittal.

ORDER :

Heard Sri T.Sanjay Reddy, learned counsel for the petitioner and Sri N.Bhujanga Rao, learned Deputy Solicitor General of India appearing for the respondents and perused the record.

2. This writ petition, filed under Article 226 of the Constitution of India, assails the order dated 01.04.2025 passed by the Central Administrative Tribunal, Hyderabad Bench, (for short, ‘Tribunal’) in O.A.No.359 of 2018, whereby the Tribunal dismissed the petitioner’s challenge to the cancellation of his provisional appointment to the post of Training Officer (Principal of Teaching) in the Directorate General of Training, Ministry of Skill Development & Entrepreneurship.

Factual Background (in brief)

3. The factual background, as culled from the pleadings and annexed documents, is as under:

i. The petitioner is an Engineering Graduate in Electronics and Communication Engineering (2009) and has prior work experience as an Instructor and Junior Consultant in various training institutes.

ii. In response to Advertisement No.10/2016 issued by the Union Public Service Commission (UPSC) for eight posts of Training Officer, the petitioner applied, appeared for interview and was placed at Sl.No.3 after the All India Test and at Sl.No.1 in the merit list after the interview. Petitioner was intimated of his provisional selection vide letter dated 10.04.2017, subject to verification of character and antecedents, medical fitness and other formalities.

iii. The petitioner filled and submitted an Attestation Form on 20.03.2017. In Column 12 of the Form, which specifically requires the candidate to disclose whether he has ever been prosecuted, arrested, convicted, etc., the petitioner answered in the negative.

iv. On 12.10.2017, the petitioner submitted a correction letter to the UPSC stating that he had inadvertently omitted to mention a Criminal Case (Crime No.28 of 2009 under Sections 419 , 420 Indian Penal Code) in which he was implicated and later acquitted by the Lok Adalat, Hyderabad on 05.05.2012. He enclosed a revised attestation form and a copy of the acquittal order.

v. The police verification report received by the respondents, confirmed that a case of impersonation/cheating was registered against the petitioner, which was compromised before the Lok Adalat, and that the petitioner had suppressed this fact in Column 12 of the original attestation form.

vi. After obtaining legal opinion from the Legal Adviser (L&E), which opined that the suppression amounted to a gross violation of Central Civil Services Rules ( for short ‘CCS Rules’) and that the offer of appointment could not be issued to the petitioner, the respondents cancelled the petitioner’s candidature vide letter dated 13.03.2018.

vii. The petitioner challenged the said cancellation before the Tribunal. The Tribunal, after hearing both sides and relying on the Judgments in State of Rajasthan and others v. Chetan Jeff , (2022) 19 SCC 366 and Chandrajeet Kumar Gond v. High Court of Judicature at Allahabad & another, 2024 SCC OnLine All 251 dismissed the O.A. holding that the petitioner had suppressed material information deliberately and was not entitled to relief. Aggrieved by the same, the petitioner has approached this Court by filing the present writ petition.

Submissions of the petitioner

4. Learned counsel for the petitioners contended that:

i. The suppression was not deliberate or mala fide. The petitioner voluntarily disclosed the fact of the Criminal Case and his acquittal in the same by his letter dated 12.10.2017, i.e., before any adverse order was passed.

ii. The Criminal Case ended in acquittal as early as 05.05.2012. A person acquitted is entitled to be treated