Employer justified in withholding joining of selected candidate pending criminal trial outcome despite disclosure, when charges involve moral turpitude like exam fraud; no obligation to await acquittal.

ORDER

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

By filing the present O.A. under Section 19 of the Administrative Tribunals Act, 1985, the applicant is seeking the following reliefs:-

"A. To direct the respondent to allow the applicant to join the service subject to outcome of the trial or alternatively direct the respondent not to cancel the candidature of the candidate till the trial is over;

B. To pass any other or further order as it deems fit in favour of the applicant;

C. To award the cost."

FACTS OF THE CASE

2. As stated by the applicant, the Jawahar Navodaya Vidyalaya Samiti issued an advertisement bearing No. F.No-2-4/2021-NVS (Estt.-1)/JSA (Annexure-A/2) for recruitment to various posts for the year 2021 2022. The application window for the said recruitment remained open from 12.01.2022 to 10.02.2022. The applicant applied for the post of Junior Secretariat Assistant (JSA) and appeared in the Tier-I examination conducted on 09.03.2022 (Annexure-A/3). The result of the Tier-I examination was declared on 28.06.2022 (Annexure-A/4) wherein the applicant was declared successful. Subsequently, the Tier-II examination, consisting of a typing test, was conducted on 13.12.2022 (Annexure-A/5), and the applicant duly participated in the same. Thereafter, the recruiting authority issued a letter dated 30.01.2023 calling the applicant for verification of documents and eligibility criteria on 18.02.2023, which he attended, and his documents were verified. The final result of the Tier-II examination was declared on 13.04.2023 (Annexure-A/7), and the applicant was again declared successful. Following his selection, the applicant received an appointment letter dated 04.10.2023 directing him to join the service on or before 20.10.2023 and to submit an affidavit regarding any pending criminal or civil cases. Meanwhile, on 09.06.2023, the CBI registered an FIR concerning an examination centre in Mohali and a person named Ms. Ritu and the applicant was arrayed as accused on the basis of information provided by AIIMS, New Delhi.

2.1 At a later stage, allegedly on the basis of a statement made by a co- accused due to personal animosity, the applicant was arrayed as an accused in the said case, and the criminal proceedings bearing No. RC- 219/2023/E-0015 [Annexure-A/9 (Colly)] are presently pending before the Rouse Avenue District Court, New Delhi. The applicant asserts that he did not suppress this material fact and truthfully disclosed the pendency of the criminal proceeding in the affidavit submitted to the recruiting authority when required to do so. Thereafter, on 20.10.2023, the recruiting authority sought details of the police station where the FIR had been registered, which the applicant promptly furnished via return email on the same date, while also requesting that he be permitted to join the service. However, despite his representation dated 20.10.2023 requesting permission to join, no reply was received from the respondents.

2.2 Aggrieved by the inaction of the recruitment authority and the uncertainty surrounding his candidature, the applicant has approached this Tribunal by way of the present O.A. The applicant has accordingly prayed for directions to the respondents to allow him to join the service subject to the outcome of the criminal trial, or alternatively, not to cancel his candidature till the conclusion of the trial, along with any other appropriate relief deemed fit by the Tribunal.

3. Pursuant to notice issued by this Tribunal, the respondents have filed reply oppo