W.P. (C) No.10022/2022 Page 1 of 21

IN THE HIGH COURT OF DELHI AT NEW DELHI

Judgment reserved on: March 01, 2023

Judgment delivered on: March 28, 2023

+

W.P.(C) 10022/2022, CM APPLs. 29201/2022 & 29203/2022

MANOJ PAUL

..... Petitioner

Through:

Ms. Vrinda Bhandari and Ms. Natasha

Maheshwari, Advocates.

versus

DELHI METRO RAIL CORPORATION

& ANR.

..... Respondents

Through:

Mr. Sameer Vashisht, ASC (Civil),

GNCTD with Mr. Vanshay Kaul,

Advocate for R-2.

Mr. V.S.R. Krishna and Mr. V.

Shashank

Kumar,

Advocates

for

DMRC.

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO

HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA

J U D G M E N T

ANOOP KUMAR MENDIRATTA, J.

1.

By way of present writ petition, petitioner assails order dated April 21,

2022 passed by Central Administrative Tribunal (in short „Tribunal‟) in O.A.

No.2517/2021. Petitioner vide aforesaid O.A. challenged the order dated

October 20, 2021 passed by respondent No.1 (DMRC) in compliance of

order dated September 10, 2021 passed by the Tribunal in O.A.

No.1977/2021, thereby withdrawing and cancelling the offer of appointment

of the petitioner to the post of Junior Engineer/Environment on account of

Digitally Signed

By:DINESH CHANDRA

Signing Date:28.03.2023

17:38:34

Signature Not Verified

W.P. (C) No.10022/2022 Page 2 of 21

suppression of furnishing of material information regarding criminal

involvements.

2.

Facts culminating in filing of the present writ petition may be briefly

noticed:

i.

Based upon performance in the Computer Based Test dated

February 17, 2020, petitioner was empanelled provisionally to

participate in the next stage of document verification and pre-

appointment medical examination for the post of Junior

Engineer/Environment and was called for joining on July 20, 2021

on being found medically fit.

ii.

Thereafter, at the time of checking of documents, it was noticed

that petitioner in the attestation form had responded to questions in

Column Nos.12(i)(a)(b)(c)(d)(e)(f)(i) and 12(i) as under:

12(i)

(a)

Have you ever been arrested?

Yes✓/No

(b)

Have you ever been prosecuted?

Yes✓/No

(c)

Have you ever been kept under detention?

Yes✓/No

(d)

Have you ever been bound down?

Yes/No✓

(e)

Have you ever been fined by a Court of Law?

Yes/No✓

(f)

Have you ever been convicted by a Court of Law

for any notice?

Yes/No✓

(i)

Is any case pending against you in any court of Law

or any FIR against you at the time of filling up this

Attestation Form?

Yes✓/No

12 (i)

If, the answer to any of the above mentioned

questions is Yes give full particulars of the

case/arrested/detention/fine/conviction/sent-

ence/punishment etc. and/or the nature of the case

pending of the court/ university/ Educational

Authority etc. at the time of filling up this form.

(No space to

fill details.)

The Attestation Form also contained a warning that Furnishing

of false information or suppression of any factual information in the

Digitally Signed

By:DINESH CHANDRA

Signing Date:28.03.2023

17:38:34

Signature Not Verified

W.P. (C) No.10022/2022 Page 3 of 21

Attestation Form would be a disqualification and is likely to render

the candidate unfit for employment under the Government. Further,

if it comes to the notice at any time during service of a person that

false information has been furnished or there has been suppression of

any factual information in the attestation form, the services would be

liable to be terminated.

iii.Thereafter, on a query from the Department, petitioner informed

that four FIRs were filed against him, in which he was acquitted in

January, 2019 and five FIRs were pending against him in the Court

of Chief Judicial Magistrate, Port Blair and also submitted