Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Online)(CAT) 13730

CENTRAL ADMINISTRATIVE TRIBUNAL
Santosh Mehra, Member (A)
Sunita Arjun Dhadve – Appellant
Versus
Union of India – Respondent
ORIGINAL APPLICATION No.690/2021

Advocates:
For the Appellants/Petitioners: V.A. Nagrani
For the Respondents: N V Masurkar, D.A.Dube

Suppression in attestation form requires knowledge of fact; for low-level non-sensitive posts, non-disclosure of unaware pending trivial criminal case (acquitted) not material, does not axiomatically disqualify compassionate appointment.

Headnote:(A) Administrative Tribunals Act, 1985 - Section 19 - Compassionate appointment - Suppression of pending criminal case in attestation form - Applicant for low-level post in sensitive organization acquitted in trivial offences under Sections 143, 147, 149, 323, 504, 427 IPC - No record of formal arrest or court summons received by applicant prior to filling forms - Held, knowledge of fact essential for holding guilty of suppression; for non-sensitive lower posts, trivial suppressions not material if no impact on suitability - Impugned cancellation orders quashed; candidature directed to be considered with consequential benefits. (Paras 9-13)

(B) Service law - Character verification - Attestation form warnings on suppression - Employer must consider nature of post, duties, offence gravity, acquittal, and special circumstances objectively - Mere technical omission in disclosing unaware pending case not to axiomatically disqualify, especially post-death dependents in penurious condition. (Paras 10-11)

Facts of the case:
Applicant, widow of deceased employee and sole breadwinner, applied for compassionate appointment to low-level post. Initially found eligible, but candidature cancelled for allegedly suppressing pending criminal case (trivial offences, FIR 2014, acquittal 2019) in attestation/SSQ forms filled May 2019. Applicant claimed unawareness due to no summons/arrest records; respondents emphasized form warnings and sensitive organization.

Findings of Court:
No documents prove applicant's knowledge of case at form-filling (plausible unawareness as merely called to station briefly, no custody/summons); offences trivial, no moral turpitude; post non-sensitive, low-level - suppression immaterial to suitability.

Issues: Whether non-disclosure of unaware pending trivial criminal case constitutes material suppression warranting cancellation of compassionate candidature; applicability of objective criteria per precedents to sensitive organization low post.

Ratio Decidendi: Suppression requires attributable knowledge ("Before a person is held guilty of 'suppressio veri' or 'suggestio falsi', knowledge of the fact must be attributable to him"); yardstick depends on post nature - lower non-sensitive posts warrant leniency for trivial/acquitted matters; employer cannot arbitrarily reject without weighing reformation chance, duties impact.

Result: Original Application allowed.

Table of Content
1. court analysis: lack of knowledge, trivial offence, low-level post (Para 8 , 9 , 10 , 11 , 12)
2. quash cancellation orders, grant compassionate appointment (Para 13)

ORDER

Per: Santosh Mehra, Member (A)

The applicant has filed this OA under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:

“8.a. This Hon'ble Tribunal may graciously be pleased to call for the records of the case from the Respondents and after examining the same quash and set aside the order dated 17.09.2019 28.11.2019, 04.11.2020 and 14.12.2020 with all consequential benefits.

8.b. This Hon'ble Tribunal may be pleased to direct the Respondents to extend the benefit as per the guidelines issued by the Hon'ble Apex Court in the case of Union India Vs Avtar Singh referred above.

8.c. This Hon'ble Tribunal may further be pleased to direct the Respondents to consider the candidature of the Applicant for the post of Work Assistant / A on compassionate ground with all consequential benefits.

8.d. Costs of the application be provided for”.

2. The grievance of the applicant is that, by the impugned orders, the respondents have illegally and arbitrarily cancelled the candidature of the applicant for grant of Compassionate Appointment on the ground that the applicant suppressed the fact of pending criminal case in her attestation form.

3. Facts in brief can be stated thus:

3.1 The applicant states that her husband Late Arjun Dhadve was working as Tech/C in the office of respondents. The husband of the applicant was the sole breadwinner for the family consisting of mother, father, wife i.e. the present applicant and one son.

3.2 The applicant further states that while working with the respondents, Shri. Arjun Dhadve died in harness on 23.10.2017. He left behind the applicant and three others as his dependents. Because of sudden death of late Arjun Dhadve, the applicant was left in destitute condition without any source of income.

3.3 The Applicant further states that she immediately made an application whereby requesting the Respondent to consider the case of the Applicant for grant of compassionate appointment. On the basis of the said application, the Respondents considered the case and found her eligible to be considered for appointment on compassionate ground to the post of Work Assistant. The Respondents vide letter dated 15.02.2019 directed the Applicant to report for Document Verification as her case was proposed for consideration for grant of compassionate appointment.

3.4 The Applicant was asked to submit the Attestation Form. Accordingly, the Applicant submitted the Attestation form. In Column 13 of the Attestation Form, with regard to the question of any pending case against the Applicant in any Court of Law, the Applicant mentioned in Negative and submitted the same. The Applicant further states that before issuing Appointment Order, the Respondents had verified the character and antecedent of the Applicant. On verification, it was found that a criminal case was registered against the Applicant in Trombay Police Station, Mumbai vide C.R. No. 271/2014 under Section 143, 147, 149, 323, 504 & 427 of IPC. On the said Police report, the Applicant was issued Show-Cause Notice dated 08.08.2019; as to why the candidature of the Applicant should not be cancelled. On this, the Applicant submitted her reply informing that she had already been acquitted from all the charges vide Judgment and Order dated 11.07.2019. However, the Respondents vide order dated 17.09.2019 decided to cancel the candidature of the Applicant for the post of Work Assistant / A in the Research Centre on the grounds that at the time of filling of the form, the Applicant was aware of the case that was registered against her by the Police but she failed to mention the same in the Attestation Form (Sr. No. 12 (b) & (i) and SSQ Form Sr. No. 15 (b-d) & Sr. No. 16 which amounts to suppression of information.

3.5 The Applicant further states that being aggrieved by the

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2024 Supreme(Online)(CAT) 13730

CENTRAL ADMINISTRATIVE TRIBUNALSantosh Mehra, Member (A)Sunita Arjun Dhadve – AppellantVersusUnion of India – RespondentORIGINAL APPLICATION No.690/2021

Suppression in attestation form requires knowledge of fact; for low-level non-sensitive posts, non-disclosure of unaware pending trivial criminal case (acquitted) not material, does not axiomatically disqualify compassionate appointment.

Cases Referred (1)

CENTRAL ADMINISTRATIVE TRIBUNAL
Santosh Mehra, Member (A)
Sunita Arjun Dhadve – Appellant
Versus
Union of India – Respondent
ORIGINAL APPLICATION No.690/2021