IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-30351-2025 (O&M)

Date of decision: 11.11.2025 Gurwinder Singh ....Petitioner Versus Punjab State Power Corporation Limited and others ....Respondents CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. Parveen Kuamr Garg, Advocate for the petitioner.

Ms. Jyotnoor Kaur Sethi, Advocate for the respondents.

HARPREET SINGH BRAR J. (Oral)

1. The present petition has been filed under Article 226/227 of the Constitution of India for the issuance of a writ in the nature of certiorari for quashing of impugned order dated 22.07.2025 (Annexure P-6) whereby the petitioner was removed from service.

2. Learned counsel for the petitioner contends that in the month of December, 2023 an advertisement was issued by the respondents regarding recruitment to the post of Assistant Lineman. There was no mention in the said advertisement that the applicant should not have a criminal case pending against them. Therefore, being eligible, the petitioner applied for the said post online, which also did not contain any column for declaration of any pending case against the applicant. Ultimately, the petitioner was selected and offered appointment as Assistant Lineman vide letter dated 25.11.2024 (Annexure P-3). Thereafter, the petitioner joined service and had been diligently performing his duties when he was issued a show cause notice seeking clarification regarding the concealment of a criminal case pending against him. The petitioner was falsely involved in FIR No.49 dated 26.04.2023 registered under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 at Police Station Longowal claiming that a non-commercial quantity of 210 tablets of Alprazolam was recovered from him. However, he has been released on bail vide order dated 30.05.2023 (Annexure P-1) passed by the learned Special Court, Sangrur. Learned counsel places reliance on the judgment rendered by the Hon’ble Supreme Court in Avtar Singh vs. Union of India and others (2016) 8 SCC 471 and contends that at no stage during the recruitment process was the petitioner asked to indicate any criminal antecedents, therefore, it cannot be claimed that he has intentionally suppressed information. As such, the petitioner has been arbitrarily and unjustly removed from service vide impugned order dated 22.07.2025 (Annexure P-6).

3. Per contra, learned counsel for the respondents submits that the case of the petitioner was sent to the Deputy Commissioner, Sangrur for verification of his past conduct. Upon verification by the Senior Superintendent of Police, Sangrur, it was discovered that the petitioner was involved in FIR (supra) and a final report dated 04.09.2023 has also been submitted in this regard. While applying for the post of Assistant Lineman, the petitioner had declared that he is not involved in any criminal case. As such, he had consciously suppressed relevant information which resulted in termination of his services.

4. Having heard learned counsel for the parties and after perusing the record with their able assistance, it transpires that the FIR (supra) was registered against the petitioner on 26.04.2023. The advertisement for the post of Assistant Lineman was issued on 15.12.2023 (Annexure P-2). The application form available on the online platform contains the following declaration:

“I hereby declare that the particulars filled are true, correct and complete to the best of my knowledge and belief and nothing has been concealed. In case any of the information declared/furnished by me is found to be false, incorrect or misleading at any stage, I shall have no claim against rejection/cancellation of my candidature and/or taking other legal action as deemed fit by PSPCL. I further declare that I am not involved in any criminal case and/or no such case is pending against me in any court of law.”

5. A three-Judge bench of the Hon’ble Supreme Court in Avtar Singh(supra), speaking through Justice Arun Mishra, culled out the