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2025 Supreme(Online)(CAT) 2550
CENTRAL ADMINISTRATIVE TRIBUNAL
Mr. Justice Akhil Kumar Srivastava, J, Ms Mallika Arya, A
Kamlesh Prasad Pandey – Appellant
Versus
West Central Railway – Respondent
O.A./319/2022
Shri M.P. Shukla, Shri Satyendra Kumar Patel
Suppression of criminal history, even if resulting in acquittal, constitutes moral turpitude and justifies rejection of employment candidature.
Headnote:(A) Employment Assistance - Employment of Land Losers - The applicant's candidature for employment was rejected due to suppression of information regarding criminal cases against him, despite being acquitted. The Ministry of Railway Board's circular provides employment assistance to land losers. (Paras 2, 3, 4)
(B) Suppression of Information - The court emphasized that failure to disclose criminal history, even if acquitted, constitutes moral turpitude and justifies rejection of candidature. (Paras 9, 10)
(C) Jurisdiction of Employer - The employer has the right to assess the suitability of candidates based on their antecedents and the nature of any criminal charges. (Para 7)
Facts of the case:
The applicant's land was acquired for a railway project, and he was found suitable for employment but later rejected due to undisclosed criminal cases.
Findings of Court:
The court upheld the rejection of the applicant's candidature based on the suppression of material information regarding his criminal history.
Issues: Whether the rejection of the applicant's candidature was justified given the circumstances of his criminal history.
Ratio Decidendi: The court ruled that suppression of criminal history, even if resulting in acquittal, is a valid ground for disqualification from employment.
Result: Application dismissed.
ORDER
By Ms. Mallika Arya, Member (A)
The applicant is challenging the order dated 10.01.2022 (Annexure A-8), whereby his candidature for appointment under the Railways in lieu of the acquired land, has been rejected on the ground that he has suppressed the information regarding registration of criminal case against him.
2. Brief facts of the case are that land of the applicant was acquired for Railway project by the respondents in the year 2018 and compensation was paid to the applicant on 07.09.2018 in view of the award passed by the Land Acquisition Officer on 11.07.2018. The Ministry of Railway Board has issued a circular dated 16.07.2010 (Annexure A-1), which provides for employment assistance to the land looser in addition to compensation. The applicant submitted application in prescribed format for providing employment assistance to him and upon completion of all the relevant formalities, the applicant was found suitable for employment on Group-D post as Track maintainer in engineering department. However, before issuing appointment order, the applicant was asked to submit attestation form given by the respondents. Since no action was taken after submitting the attestation form, the applicant preferred a representation on 28.10.2021 and in response he was apprised vide impugned order dated 10.01.2022 that his candidature has been rejected on the ground of suppression of information regarding his involvement in the criminal case.
3. The applicant submits that he has been acquitted by the Sessions Court, Rewa vide order dated 05.01.2009 (Annexure A- 9) for the offence under Section 498A, 306 registered against him, prior to submitting the attestation form. In another case No.588/2016, under Section 13 of Gambling Act, the applicant has been discharged on fine of Rs.100/-. Thus, even if the applicant has not disclosed such information, it has no relevance as no case was pending against the applicant at the time of submitting the attestation form.
4. The respondents have filed their reply in which they submitted that during the appointment in the case of the applicant, the fact came to the knowledge that a criminal case has been registered against him in the police station of Govindgarh, district Rewa at crime no. 190/07 under two serious sections 498A of IPC and section 306 of IPC. As per the judgment passed by the Additional Session Judge, Rewa Session Trial no. 42/2008 dated 05.01.2009, the applicant was acquitted of the charges of sections 306 and 498A of the IPC giving benefit of doubt in the absence of evidence. Another case against the applicant was also registered in the same police station at crime no. 61/2016 for offence under Section 13 of Gambling Act. The crime no. 588/2016 registered before the Court which is believed to have been punished by the court of JMFC, Rewa on 07.04.2016 with a fine of Rs. 100. In the Column 12A of the 'Attestation form’ duly filled and submitted to this office by the applicant during appointment process, the applicant has not recorded the information regarding the registration of a criminal case against him and for being punished with a fine of Rs 100 in another case, whereas on the first page of the 'Attestation form' it is written in the warning that providing false information or suppression of genuine information in the 'Attestation form' will be treated as disqualification and the candidate may also be disqualified from government service. In view of the above facts and circumstances the application of the applicant is rejected.
5. In his rejoinder, the applicant places reliance on a judgment of Hon’ble Supreme Court in Avatar Singh vs. Union of India (2016) 8 SCC 471 .
6. We have heard learned counsel for the parties and perused the pleadings and the documents available on record.
7. The Hon’ble Apex Court in the case of Avtar Singh (supra) has reviewed the entire case law on the subject, i.e. the jurisdiction of the employer to adjudge eligibility/suitability in the matter of select
