Suppression of pending criminal charge-sheet in interview declaration justifies cancellation of offer, uncured by later disclosure; non-trivial conviction (wrongful restraint, hurt) upheld, employer not bound to appoint despite probation benefit.

ORDER

Per: Hon’ble Shri Lok Ranjan, Member (A)

1.The present Original Application was filed by the Applicantinter alia – against the impugned Letter dated 14.12.2015 of Respondent No.3 (Chief Engineer, South Western Command),whereby in pursuance of the Applicant’s representation dated 26.11.2015 to be permitted to join on the post of Junior Engineer (JE)-(Civil) at the Office of RespondentNo.4[Garrison Engineer, Military Engineering Service (MES), Alwar], an extension in joining time was granted till 06.04.2016 due to pendency of a criminal case against the Applicant although he had represented that he expected to be exonerated in that case ; and also, against not allowing the Applicant to join on the post of JE-(Civil) at the office of RespondentNo.4 in response to his prayer vide application dated 03.03.2016, but instead conveying vide impugned Letter dated 15.03.2016 of the Office of Respondent No.3 that the Applicant’s case had been forwarded to the Staff Selection Commission (SSC) New Delhi by Respondent No.2 (Director-General, Personnel/EIB, Integrated HQ of MOD (Army)] for clarification based on the documents submitted by him ; and also further, against the impugned communication dated 12.05.2016 of the Office of Respondent No.3 conveying the cancellation of the offer of appointment previously made vide letter dated 07.10.2015 for the post of JE-(Civil) in MES since there had been no intimation regarding the Applicant having been acquitted/exonerated by the competent Court of Law by the extended last date of joining, i.e.

06.04.2016.

2. Based on the pleadings of the parties on record in the case, the relevant matrix of facts had emerged to be as follows

briefly.The SSC had published a notice in the Employment News dated 01.03.2014,to invite applications for the post of JE-(Civil, Mechanical, Electrical, Quantity Surveying and Contract) Examination-2014 to be submitted before 28.03.2014. The Applicant, who had qualified as B.E. in Civil Engineering,had also applied and purportedly appeared at the Preliminary Written Examination held on 25.05.2014 and the Main Examination held on 18.01.2015and had qualified at those. Consequently, he had been called for the interviewscheduled on 20.03.2015, along with the correctly filled-up Bio-data Formenclosed therewith, including the declaration incorporated at Column No.20, inter alia with prescribed documents in original. The Applicant’sDeclaration dated 20.03.2015 accordingly had incorporated inter alia that –

“… …

(iv) I also declare that I do not stand debarred by SSC/UPSC as on date and have never been convicted by any court of law. I also declare that no charge-sheet is pending against me in any court of law. Further declare that I have never been dismissed or removed from Govt. Service or my service been terminated during probation.

… …

(viii) I hereby declare that all statements made in this application are true, complete and correct to the best of my knowledge and belief. I understand that in the event of any information being found suppressed/false or incorrect or ineligibility being detected before or after the examination, my candidature/appointment is liable to becancelled.”

3. Consequently, the offer of appointment dated 07.10.2015 had been issued to the Applicant for the post of JE-(Civil). However, prior to his joining in pursuance thereof, it was found that an FIR No.166/14 dated 10.04.2014 under Sections[147, 148, 149, 341, 342, 323 and 307] read with Section 34 of the IPC had been filed against the Applicantinter alia other accused persons at Police Station (PS) Mahesh Nagar, Jaipur ; and that the police had already filed a related Charge-Sheet before the competent Court and the trial was ongoing – both,at the time of

the Applicant’s furnishing the above-mentioned declaration dated

20.03.2015 as well as his reporting for joining on 04.11.2015.

Upon not being