Employers must evaluate the context of information suppression regarding prior convictions, especially for minor offences, rather than applying an automatic disqualification, ensuring fair assessment of suitability for employment.

ORDER

By Hon’ble Mr. Rajinder Kashyap, Member (A): -

The applicant has filed present Original Application under Section 19 of the Administrative Tribunals Act., 1985, seeking the following relief under para 8 of the OA: -

“(a) Directing the respondents to place the relevant records pertaining to the present OA before the Hon‟ble Tribunal for the proper adjudication in the matter.

(b)Quash and setting aside the impugned termination order dt.29.10.2021 (Annexure A/1) after declaring the same is as illegal, biased, perverse, unjust, arbitrary, malafide, unconstitutional, against the principles of natural justice, violative of articles 14, 16, & 21 of the constitution of India and against mandatory provision of law accordingly the applicant may be reinstated and allowing to continue in services in accordance with relevant rules and instructions on the subject.

(c) Allowing the instant OA with consequential benefits and costs.

(d) Any other fit and proper relief may also be granted.”

2. The brief facts of the case are that the applicant applied for the post of MTS-2019 against the vacancies advertised by the Staff Selection Commission (NR). After being successful in the selection process conducted by the Staff Selection Commission, the applicant was offered appointment vide letter dated 30.07.2021 (Annexure A-3) as MTS in Customs, Excise & Service Tax Appellate Tribunal on temporary basis in Level-1 fixing period of probation. However, the appointment was subject to the verification of character and antecedents, as the post in question belongs to Group –C, Non-Gazetted, Ministerial and Level-I (pre-revised pay band of Rs. 5200-20200/- with grade pay of Rs. 1,800) plus allowances as per rules. Subsequently, the respondents issued an order vide letter dated 14.09.2021 (Annexure A/5) appointing the applicant as MTS on temporary basis in Level-1 fixing the period of probation as the applicant joined as MTS at CESTAT, Delhi. However, the appointment was subject to the verification of character and antecedents. On 27.10.2021, the respondents issued an Office Memorandum to the applicant asking to show cause as to why his service should not be terminated for willfully concealing and suppressing the facts of his conviction in a criminal case in the attestation form submitting by him. The applicant submitted his explanation to the said show cause notice. The respondents without considering his response issued the impugned order dated 29.10.2021 (Annexure A-1) terminating the services with immediate effect and cancelling the appointment of applicant in view of report of Supdt. of Police, Karauli, Rajasthan, vide letter dated 8.10.2021 informing that a case No 39/2018 dated 17.1.2018 under IPC 323 and 341 was registered against the applicant at Police Station (Kotwali), Dausa District and he was issued charge sheet under IPC 323 and 341 as per the directions of District and Sessions Court, Gram Nyayalay Dausa and that the applicant was convicted under Section 4 of the Probation of Offenders’ Act . Therefore, the respondent authorities held that the applicant (Shri Avdhesh Kumar Meena) having found to be convicted by the District and Sessions Court, Gram Nyayalay, Dausa and the said fact has been suppressed by the applicant in the attestation form, hence, he is found not fit to continue in the government service.Aggrieved by the aforesaid impugnedorder dated 29.10.2021 (Annexure A-1), the applicant has filed the present Original Application, seeking the aforementioned relief.

On admission of the OA, notices were issued to the respondents and they have filed their counter reply on 01.03.2023, to which the applicant has also filed his rejoinder on 18