Chambers of Ishaan Garg
Ch. No. 217, Western Wing, District & Sessions Court, Tis Hazari, New Delhi, Delhi 110054
+91 8851742417, +91 8800386163
1. Introduction
Supreme Court recently ruled on a case where a candidate was disqualified from a recruitment process due to the submission of a false affidavit & non-disclosure of a criminal case that led to his acquittal.
2. Court's View
Court emphasized that each case depends on its unique facts & circumstances, & a holistic view should be taken based on objective criteria.
3. Case Background
Appellant had moved the Allahabad High Court against a letter cancelling his selection for the post of Constable due to non-disclosure of a criminal case against him during the verification process.
4. Recruitment Notification and Affidavit
Appellant was required to furnish an affidavit under the recruitment notification, which stated that if facts were found to have been concealed, the selection would be liable for cancellation.
5. Single Judge's Decision
A Single Judge dismissed the appellant's plea, stating that the appellant had suppressed material information about his involvement in a criminal case at the time of filling the form.
6. Division Bench's Decision
A Division Bench of the High Court concurred with the Single Judge's decision, stating that a person who swears a false affidavit at the time of enrolment is not fit to be enrolled in disciplined service.
7. Appeal to the Supreme Court
Appellant approached the Supreme Court, claiming that there was no willful concealment on his part and the disclosure was not made under a bona fide belief that it was not required in light of the acquittal.
8. State's Argument
State emphasized that the appellant made a false representation in his affidavit and relied on Avtar Singh v. Union of India, where it was held that information given by a candidate to its employer with regard to criminal antecedents must be true and there must be no suppression.
9. Final Observation
Court noted that when the appellant applied for the post of Constable, there was no criminal case registered or pending against him. He was only embroiled in the criminal case 5 days after making the application. The case ultimately resulted in an acquittal by the Trial Court, which was not challenged.
10. Reference to Avtar Singh case
Court referred to case of Avtar Singh, asserting that a person who has concealed material information cannot claim an absolute right to appointment, but they should not be dealt with arbitrarily.
11. Consideration Factors
Court listed several factors to be considered in such cases, including the nature of the office, the timing and nature of the criminal case, the judgement of acquittal, the nature of the query in the application/verification form, the contents of the character verification reports, the socio-economic strata of the individual applying, the other antecedents of the candidate, and the nature and contents of the cancellation/termination order.
12. Reference to Ram Kumar case
Bench referred to the Ram Kumar v. State of U.P. case, where despite allegations of the appellant furnishing an affidavit with incorrect facts at the time of recruitment, relief was granted.
13. Verification
Court found that the verification report stated that the appellant's character and general reputation were good, and no complaints were found against him. SHO and Superintendent had certified the appellant to be of good character.
14. Decision
Court held that the cancellation order was neither fair nor reasonable, as it did not follow the mandate prescribed in the Form of verification of character. Appointing Authority had mechanically held that the selection was irregular and illegal because appellant had furnished an affidavit with incorrect facts.
15. Direction
Court directed that appellant be appointed in service on the post of Constable for which he was selected. While arrears of salary for the period during which he did not render service in force were denied, it was held that the appellant shall be entitled for all notional benefits, including pay, seniority, & other consequential benefits.
2024 INSC 131
22-Feb-2024
