Reserved on 09.02.2026 CENTRAL ADMINISTRATIVE TRIBUNAL, ALLAHABAD BENCH ALLAHABAD This is the 11^th day of February, 2026. Original Application No. 394 of 2024 HON’BLE MR JUSTICE OM PRAKASH -VII, MEMBER (J)

HON’BLE MR. MOHAN PYARE, MEMBER (A)

Abhishek Kumar Yadav a/a 40 years, Son of Shri Dayanand Yadav, resident of Village Prasiddha Ka Pura, Post Office Phaphamau, District Allahabad.

.Applicant By Adv : Shri Pankaj Kumar Gupta/Shri Joveen Singh V E R S U S

1. Union of India through its Secretary, Ministry of Defence, Government of India, New Delhi.

2. General Manager, Canteen Stores Department, Ministry of Defence Government of India ADELPHI, 119 Maharshi Karva Road, Mumbai.

3. Additional General Manager, (AGM) (Pers.) Canteen Stores Department, Ministry of Defence, Government of India ADELPHI, 119 Maharshi Karva Road, Mumbai.

4. Staff Selection Commission, Allahabad Region, Allahabad through its Secretary.

. . . Respondents By Adv: Shri M.P Mishra (O R D E R)

BY JUSTICE OM PRAKASH -VII, MEMBER (J)

The present O.A has been filed by the applicant under section MANISH

19 of the Administrative Tribunal Act, 1985 seeking following KUMAR reliefs:-

SRIVASTA (i) That this Hon’ble Tribunal may graciously be pleased to pass an appropriate order/direction commanding the respondents to consider/appointment of the applicant on the post of Lower Division Clerk (LDC) within a specific time period and set aside the order dated 24.11.2021 passed by respondent No. 3.

(ii) That this Hon’ble Tribunal may further be pleased to pass such other and /or further order as is deem fit and proper in the present circumstances of the case”.

2. The brief facts of the OA are as follows:-

The Staff Selection Commission, New Delhi issued an advertisement in 2017 for the Combined Higher Secondary Level (10+2) Examination for recruitment to the post of Lower Division Clerk (LDC) in various departments under the Government of India. The applicant, being eligible, applied and successfully cleared the written examination as well as the typing test. He was selected for appointment as Lower Division Clerk in the Canteen Stores Department, Ministry of Defence, Government of India and was issued an offer of appointment along with an attestation form. While submitting the attestation form on 03.03.2020, the applicant himself disclosed the pendency of a criminal case against him. The department sought clarification and relevant documents regarding the said case was duly submitted explaining that the FIR arose out of a family property dispute and he had been granted bail. Subsequently, the Trial Court declared that applicant was juvenile on the date of the alleged incident and transferred the matter to the Juvenile Justice Board. Despite this disclosure, the respondents cancelled the applicant’s appointment on 26.04.2021 on the ground of alleged concealment of material facts. The applicant’s representation was rejected. Feeling aggrieved, applicant approached the Hon’ble High Court. The High Court initially directed reconsideration of his case after affording an opportunity of MANISH hearing. However, the claim was again rejected on 24.11.2021 on KUMAR SRIVASTA the same ground of non-disclosure of the criminal case. Aggrieved, the applicant filed another writ petition, which was allowed by the Hon’ble High Court on 05.05.2022, setting aside the rejection order and issuing a mandamus to the respondents to issue the appointment letter in accordance with rules. Order passed in Writ ‘A’ No. 18833 of 2021 (hereinabove) was challenged in Special Appeal No. 846 of

2022. Hon’ble Division Bench allowed the Special Appeal, set aside order passed by Hon’ble Single Bench dated 05.05.2022 directing the applicant to approach before the Central Administrative Tribunal, thereafter present original application has been filed.

3. Per contra, the respondents have filed a counter affidavit stating that the applicant qualified the CHSL Examination, 2017 and his appointment was provisional subject to verific