THE HON’BLE THE CHIEF JUSTICE SRI APARESH KUMAR SINGH AND THE HON’BLE SRI JUSTICE G.M.MOHIUDDIN

JUDGMENT:

Heard Sri M.V. Rama Rao, learned counsel for the appellant and Sri Ch. Jagannatha Rao, learned counsel for respondent No.1/writ petitioner.

2. Writ petitioner under the advertisement dated 31.05.2018 made online application for recruitment to the post of Stipendiary Cadet Trainee Police Constable (Civil/AR) for men and women in Police Department. Admittedly, the prescribed pro forma did not contain a column to disclose information regarding any criminal case in which the applicant was involved. The advertisement contained Clause 27, which reads as under:

“27. SUPPRESSION / WITHHOLDING OF FACTS -

NOT ADVISABLE Suppression of Material facts or withholding any factual information in the Online Application or Attestation Form (which would be supplied to the Candidates who are declared provisionally selected) will disqualify the Candidate from being considered for appointment. In the event of any information being found false or incorrect or ineligibility being detected at any time even after Appointment, he/she will be discharged from service forthwith by the Appointing Authority without any notice.”

After provisional selection, successful candidates were required to fill up the attestation form. Attestation form was filled up by the writ petitioner on 07.10.2019. Clause 11 of the attestation form is extracted hereunder:

Whether you were involved in any criminal case? Yes No

11 If yes, indicate a) Crime No. and section of law b) Year c) Name of the Police Station d) Name of the district e) Whether you were arrested by the Police? Yes No (even in petty case or under preventive sections)

f) Whether you were prosecuted by the Police in a court of law? if so, indicate the present stage of this case:

1) under trial 2) convicted 3) compounded 4) acquitted Note: 1) If convicted whether such conviction sustained in the Court of Appeal or set aside by the Appellate Court if appealed against:

2) Whether you were involved in more than one criminal case? Yes No If yes, give details in separate paper in the above proforma

3) If involved in a criminal case subsequent to the completion and submission of this form, the details should be informed immediately to the authority to whom the attestation form has been submitted earlier failing which it will be deemed to be suppression of factual information Admittedly, the writ petitioner ticked the column ‘No’. The writ petitioner was issued a show cause notice on 28.02.2020 asking him to explain as to why his provisional selection be not cancelled as in true verification of his antecedents, it was found that he was involved in a criminal case vide Cr.No.66 of 2018 under Sections 376, 417 of IPC of Asifnagar Police Station, Hyderabad. The writ petitioner submitted explanation that the criminal case was filed by his wife due to some misunderstanding which was later on compromised and they got married on 16.07.2018. They were living peacefully and have been blessed with a female child. At the time of submission of attestation form, the said case was not pending. He was acquitted. Therefore, he requested respondent No.2 to consider his explanation and allow him to join the training. Vide order dated 04.12.2020 passed by the Chairman, Telangana State Police Recruitment Board, Hyderabad, the appellant, his provisional selection was cancelled. Being aggrieved, he preferred Writ Petition No.23157 of 2020. The learned writ Court decided the case in his favour by holding as under:

“7. As seen from the above, the circumstances of the case have to be looked into by the employer before taking a decision. The judgment of the Sessions Court reveals that both the complainant and the petitioner were known to each other for a considerable period of time and were moving together. It is alleged that the petitioner had promised to marry the complainant. Ultimately, the petitioner married the complainant and they are now living h