The non-disclosure of juvenile criminal history does not justifiably annul an appointment under employment laws safeguarding juvenile rights.

ORDER (ORAL)

Hon’ble Mr. Manish Garg, Member (J):-

In the present Original Application, filed under Section 19 of the Administrative Tribunals Act, 1985 , the applicant has prayed for the following relief(s):

“i) declare the order dated 29/11/2023 illegal and may be quashed/set-aside; and

ii) direct the respondent no. 2 to give appointment to the Applicant on the post of Clerk (LDC) in the Canteen Stores Department, 119 Maharshi Karve Road, Mumbai with all consequential benefits; and

iii) allow the OA with exemplary costs.

iv) pass any other orders as this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of the case.”

2. Highlighting the facts of the case, learned counsel for the applicant submits that the applicant is challenging the cancellation of offer of appointment to the post of LDC in Canteen Stores Department (CSD) vide its order dated 29.11.2023 passed by the respondents wherein it has been recorded as under:

“Cancellation of Offer of Appointment to the post of LDC in CSD Ref Offer of Appointment letter No. 3/Pers/A-1/1098/LDC- 2018(NR)/1174dto 16th May 2023 issued to you as a result of SSC CHSL- 2018 Examination.

2 During scrutiny of the record (dossier) forwarded by the Staff Selection Commission (NR) and details of information furnished by you in CSF-4 (Attestation) form on dtd. 13th June2023 and the Police verification report received from Pillukhada Police Station, it is observed that a case was recorded against you in register No. 9ii, 9i and register No. 9V against Case No. 26 dtd. 9th Jan 2014 Section 323,341,506 IPC at station city Jind and your were acquitted on 04th Aug 2014. However, this fact was concealed/suppressed by you while submitting "candidate declaration/undertaking" at Olo SSC (NR), New Delhi on 05th July 2021 and while forwarding/submitting the CSF-4 (Attestation) form on 13th June 2023 at Para 11 (I) (a to i) & 11 (II) which is enumerated below:-

(a) Have you ever been arrested? If so please give details.

(b) Have you ever been a subject to criminal proceedings? If so please give details.

(c) Have you ever been kept under detention? If so please give details.

(d) Have any FIR been lodged against you?

(e) Have you ever been convicted by a Court of Law for any offence?

(f) Have you ever been debarred from any examination or restricted by any university or any educational authority / institution?

(g) Have you ever been debarred / disqualified by any Public Service Commission from appearing at the examination / selection?

(h) Is any case pending against you in any court of law at the time of filling up this form?

(i) Is any case pending against you in any University / or any other Educational authority / institution at the time of filling up this form?"

In all the above columns, you had stated "NO" which tantamount to suppression of material facts.

It is also informed that, in Annexure-Il to the CSF-4 (attestation) form of this department it has been clearly confirmed by you that;

"I solemnly affirm that the above declaration is true. I understand that in the event of the declaration being found to be incorrect after my appointment I shall be liable to be dismissed from service."

which has been accepted by you in writing.

From the above it is proved beyond doubt that you deliberately concealed about the pending FIR lodged against you with the motive of securing a government job. It is also important to quote an abstract from the Hon'ble Supreme Court in a judgment in Civil Appeal Nos 5743-5744 of 2021 where it has observed as under:-

"12. The issue/question may be considered from another angle, from the employer's point of view. The question is not about whether an employee was involved in a dispute of triv