As per case facts, Petitioner Harpreet Singh was appointed as Junior Engineer (Civil). His services were terminated for actively concealing the registration of an FIR against him during his online ...
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CWP-22316-2023
Reserved on : 02.12.2025
Pronounced on : 09.12.2025
Uploaded on : 10.12.2025
Harpreet Singh ........Petitioner
versus
State of Punjab and others .....Respondents
CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR
Argued by : Mr. Baldev S. Sidhu, Advocate for the petitioner.
Mr. Surya Kumar, A.A.G., Punjab.
*****
NAMIT KUMAR, J. (ORAL)
1. The petitioner has invoked the writ jurisdiction of this
Court by filing the instant petition under Articles 226/227 of the
Constitution of India, seeking a writ of certiorari for quashing the order
dated 23.08.2023 (Annexure P-1), vide which the services of the
petitioner have been terminated.
2. The brief facts, as have been pleaded in the petition, are
that the Punjab Public Service Commission (hereinafter referred to as
‘Commission’) invited online applications for the post of Junior
Engineer (Civil) in the Department of Rural Development and
Panchayat, Punjab on 30.03.2021. The last date for submission of online
application was 20.04.2021. The petitioner submitted online application
for the abovesaid post on 10.04.2021 and later on, he submitted the
application to the department on 13.05.2021 (Annexure P-2). Thereafter,
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he was selected and appointed as Junior Engineer (Civil), vide
appointment letter dated 16.01.2023 (Annexure P-3) and he joined on
18.01.2023 (Annexure P-4) at the Head Quarter Mohali. Thereafter, he
was posted in Block Mehal Kalan, District Barnala, where he joined on
23.01.2023 (Annexure P-5). Thereafter, concerned official of the Head
Quarter Mohali asked the petitioner to submit an affidavit about his
antecedents and he submitted the same on 22.02.2023 (Annexure P-6)
and in the said affidavit, he submitted that FIR No.22 of 2021 is
pending against him in the Court. Since the appointment was offered to
the petitioner subject to the verification of the character and
antecedents, the Department sent a letter to the District Magistrate for
verification of the character and antecedents of the selected/appointed
candidates. In the verification letter dated 27.01.2023, the District
Magistrate, Patiala has stated that an FIR No.22 dated 03.03.2021 under
Sections 323, 341, 148 & 149 of Indian Penal Code, 1860 at Police
Station Kheri Gandian is pending against the petitioner and on receipt of
the said letter, respondent No.1 issued a show cause notice dated
09.05.2023 (Annexure P-9) to the petitioner as to why his services be
not terminated as he has not disclosed about the criminal case pending
against him in his application form. The petitioner submitted reply dated
11.05.2023 (Annexure P-10) to the show cause notice and vide order
dated 23.08.2023 (Annexure P-1), the services of the petitioner have
been terminated on the ground that the petitioner has not disclosed
about the registration of FIR against him at the time of filling his online
application on 10.04.2021 and while submitting the application form in
CWP-22316-2023 3
the Department of Rural Development and Panchayat on 13.05.2021.
The said order has been impugned by the petitioner in the instant
petition.
3. Reply by way of an affidavit of Sh. Karandeep Singh
Chahal, Chief Engineer, Panchayati Raj, Public Works, Department of
Rural Development and Panchayats, Punjab, on behalf of respondents
No.1 to 3, has been filed, wherein it has been stated that the
Commission had conducted examination for recruitment to the post of
Junior Engineer (Civil) in various departments of the State of Punjab. A
common merit list was prepared by the Commission and Department of
Water Resources (WR Department) was nominated as Nodal
Department for counselling. The petitioner was allotted Department of
Rural Development and Panchayat (RD&P Department) and
accordingly, appointment letter dated 16.01.2023 for the post of Junior
Engineer (Civil) was issued to the petitioner along with other successful
candidates. Simultaneously, process of verification of character and
antecedents of the appointed candidates as Junior Enginer (Civil) was
initiated and the District Magistrate, Patiala, vide letter dated
27.01.2023 (Annexure R-1), intimated respondent-Department that as
per the report of Senior Superintendent of Police, Patiala, an FIR No.22
dated 03.03.2021 under Sections 323, 341, 148 & 149 of IPC at Police
Station Kheri Gandian was registered against the petitioner and the
same is under trial. Thereafter, the respondent-department sought advice
from the Department of Legal and Legislative Affairs, Punjab and the
said department, vide letter dated 01.03.2023 (Annexure R-2), has
CWP-22316-2023 4
advised the respondent-department that if the petitioner had concealed
the fact of pending FIR while applying for the post of Junior Engineer
(Civil), his services should be dispensed with in the light of condition
No.18 of the appointment letter. Thereafter, the respondent-Department
issued show cause notice dated 09.05.2023 to the petitioner calling upon
him to clear his position over the concealment of the material fact and
regarding the report received from the District Magistrate, Patiala. The
petitioner submitted his reply dated 11.05.2023, whereby he had
intimated that at the time of applying for the post of Junior Engineer
(Civil), he was not in the knowledge of the registration of the said FIR
against him. The said reply was forwarded to the Senior Superintendent
of Police, Patiala, vide letter dated 08.06.2023, for comments/report.
The Senior Superintendent of Police, Patiala, vide letter dated
13.07.2023 (Annexure R-3), reported that during investigation in FIR
No.22 dated 03.03.2021, registered against the petitioner, the
Investigating Officer conducted raids on various dates i.e. 15.03.2021,
25.03.2021, 05.04.2021 & 15.04.2021 and the house of the petitioner
was found locked. Then on 29.04.2021, the petitioner appeared before
the police and was arrested and released after he furnished the bail
bonds. Thus, it is clear that the petitioner was in knowledge of
registration of FIR against him but he concealed material fact from the
respondent-Department while applying for the Government job. It has
further been stated that the petitioner filled application form online on
10.04.2021 and thereafter, deposited fees online on 12.05.2021 and at
the time of depositing the fees also, he did not reveal the fact regarding
CWP-22316-2023 5
the FIR registered against him. Therefore, the petitioner mislead the
respondent-Department to get a Government job by wrong and illegal
means.
4. Learned counsel for the petitioner submits that on account
of some quarrel between the neighbours, one party got registered an
FIR No.22 dated 03.03.2021 under Sections 323, 341, 148 & 149 of IPC
at Police Station Kheri Gandian in which name of the petitioner was
also mentioned. He submits that on the date of occurrence of the
incident, there was a marriage of cousin of the petitioner and whole
family of the petitioner was there in the marriage and was not aware
about any quarrel as the house of the petitioner was not located there,
where the quarrel took place and the petitioner was not in the
knowledge of the pending FIR when he submitted online application on
10.04.2021. He further submits that although, the petitioner surrendered
on 29.04.2021 and was released on bail by the police on furnishing bail
bonds by the petitioner, however, inadvertently, he could not disclose
the factum of pending FIR against him when he submitted the
application to the respondent-Department on 13.05.2021. He further
submits that the petitioner has already been acquitted in the said case by
the Court of learned Judicial Magistrate First Class, Rajpura, vide
judgment dated 20.01.2025 (Annexure P-11). Therefore, the action of
the respondents in terminating the services of the petitioner is totally
illegal and arbitrary and the petitioner is entitled to be reinstated in
service with all consequential benefits. In support of his contentions,
learned counsel for the petitioner has placed reliance upon the judgment
CWP-22316-2023 6
of this Court passed in CWP-7022-2019 titled as ‘Sukhveer Vs. Union
of India and others’ decided on 13.01.2025.
5. Per contra, learned State counsel has vehemently opposed
the claim of the petitioner by stating that FIR No.22 under Sections 323,
341, 148 & 149 of IPC at Police Station Kheri Gandian was registered
against the petitioner on 03.03.2021, whereas he submitted online
application form for the post of Junior Engineer (Civil) on 10.04.2021
and therefore, his services have rightly been terminated by the
respondent-Department as he committed fraud at the time of filling the
application form and has given wrong information that no criminal case
is pending against him. In support of his contentions, learned State
counsel has placed reliance upon the judgment of Hon’ble Supreme
Court in Union of India and others Vs. Shishu Pal @ Shiv Pal : 2024
AIR Supreme Court 3652.
6. I have heard learned counsel for the parties and perused the
relevant documents.
7. Admittedly, FIR No.22 under Sections 323, 341, 148 &
149 of IPC at Police Station Kheri Gandian was registered against the
petitioner on 03.03.2021. On 30.03.2021, online applications were
invited by the Commission for the post of Junior Engineer (Civil) and
last date for submission of application was 20.04.2021. The petitioner
submitted his online application for the said post on 10.04.2021 and in
the said application form with regard to the declarations he submitted as
under :-
“Declarations :
CWP-22316-2023 7
Are you in Government Service ? NO
Have you ever been disqualified by Public/Union
Public Service ?
Period from Period To Reason
NO
Have you been convicted by Criminal Court ?
Type of Case Date of Convicted Nature of Case
NO
Weather any Criminal Case was ever registered
against you ?
Type of case Proceeding Pending
NO
Do you posses requisite qualification as per
Advertisement ?”
YES
7(i) Thereafter, the petitioner deposited the fee online on
12.05.2021 and submitted the application form to the respondent-
Department on 13.05.2021 and even at that point of time also, he did not
disclose the factum of registration of FIR against him. The Senior
Superintendent of Police, Patiala, vide his letter dated 13.07.2023
(Annexure R-3) reported that during investigation of the said FIR
registered against the petitioner, Investigating Officer conducted raids
on 15.03.2021, 25.03.2021, 05.04.2021 & 15.04.2021, however, the
house of the petitioner was found locked. Thereafter, on 29.04.2021, the
petitioner appeared before the police and was arrested and released after
he furnished bail bonds. Thus, it is clear that the petitioner was in the
knowledge of registration of FIR against him but he concealed the said
material fact from the respondent-Department while submitting his
application form for the Government job. In the appointment letter
Clause 16 to 18 reads as under :-
“16. Your character and antecedents should be
approved by the District Magistrate.
17. You are to present a Medical Fitness Certificate
from the Civil Surgeon.
CWP-22316-2023 8
18. If as per serial No.16 & 17 your character and
antecedents and medical fitness or your relation with any
illegal association then you will be dismissed from the
service. Except it, if your character is not attested to be
good then you will not be eligible to draw pay and other
benefits.”
7(ii) The service of the petitioner have been terminated in
consonance with the conditions of the appointment letter.
8. The Hon’ble Supreme Court in Union of India and others
Vs. Shishu Pal @ Shiv Pal’s case (supra), while considering the similar
issue has opined as under :-
“24. In the case at hand, the learned Single Judge has
erred in accepting the submission made on behalf of the
respondent that it was only after the appellants passed the
order dated 24
th
June, 2014 removing him from service that
he had inquired about the criminal case pending against
him and later on, the respondent was acquitted in Criminal
Case No.459/2011. As noted above, the said observations
run contrary to the record itself that clearly reveals that the
respondent was well-aware of the fact that a criminal case
had been registered against him, he was taken into judicial
custody and had subsequently applied for bail along with
other co-accused in the said case which was granted by the
trial Court on 04
th
October, 2011. All the aforesaid events
had occurred well before 30
th
November, 2011, the date on
which the respondent had filled up the Verification Roll.
Therefore, it has to be observed that the respondent had
complete knowledge of the registration of the FIR and
pendency of the criminal cases. Despite that, he had
wilfully withheld material information from the appellants
while filling up the Verification Roll. He had further
CWP-22316-2023 9
misconducted himself when the appellants issued him a
show-cause notice calling upon him to explain his position
and falsely denied the allegations levelled against him in
his reply to the notice to show cause that ultimately led to
initiation of disciplinary proceedings against him.
25. xx xx xx xx xx
26. Given the aforesaid facts and circumstances of the
present case, we are of the firm view that there was no
occasion for the learned Single Judge to have interfered in
the orders dated 24
th
June, 2014 passed by the Disciplinary
Authority terminating the service of the respondent, duly
upheld by the Appellate Authority vide order dated 23
rd
September, 2014. The Appellate Court fell into the same
error when it observed that it was incumbent for the
appellants to have proven the fact that pendency of the
criminal case was within the knowledge of the respondent
and the said information had been deliberately withheld by
him. The records speak to the contrary and make short
shrift of such a plea taken by the respondent. The
respondent does not deserve any latitude as it has been
established beyond doubt that he was all along aware of
the FIR registered against him with Barnhal Police Station,
Mainpuri, Uttar Pradesh and the ensuing criminal cases.
Not just that, the respondent failed to disclose that he had
remained in judicial custody and on moving an application,
was released on bail by the trial Court along with other co-
accused.
27. In our opinion, the appellants have exercised their
discretion as employers in a reasonable manner. On
receiving a complaint against the respondent, not only was
a show cause notice issued to him, all the relevant
information was also furnished. On receiving his
categorical denial in reply, the appellants proceeded with
CWP-22316-2023 10
disciplinary proceedings against the respondent. The said
proceedings were conducted in a fair manner and taken to
their logical conclusion. Only thereafter did the
Disciplinary Authority pass an order terminating the
services of the respondent which order was upheld by the
Appellant Authority, for just and valid reasons. Therefore,
it cannot be urged that the decision of the appellants to
terminate the services of the respondent was unjustified,
tainted by any malafides or arbitrariness or too harsh.”
9. The Hon’ble Supreme Court in Government of NCT of
Delhi and others Vs. Bheem Singh Meena : 2022(2) SCT 454, while
considering the earlier judgments in Avtar Singh Vs. Union of India
and others : (2016) 8 SCC 471 and Rajasthan Rajya Vidyut Prasaran
Nigam Limited Vs. Anil Kanwariya : (2021) 10 SCC 136 has held that
giving of a wrong information dis-entitles the candidate for
appointment. In the said judgment, the respondent-Bheem Singh Meena
was appointed as Trained Graduate Teacher (TGT) of Mathematics after
he was selected by the Delhi Subordinate Services Selection Board and
after joining, an attestation form was given for verification of
antecedents. Such attestation form was filled by him in which he has
answered the question ‘have you ever been prosecuted’ in negative. He
again filled the antecedent form, wherein again he denied that he was
ever prosecuted. However, during verification, it was found that
respondent-Bheem Singh Meena was involved in a case under Section
499/93, 147, 332, 353, 427 & 149 of IPC. In the said judgment, the
Hon’ble Supreme Court has held as under :-
“7. Learned counsel for the appellants refers to a three
CWP-22316-2023 11
Judge Bench judgment of this Court reported as (2016) 8
SCC 471, titled as ‘Avtar Singh Vs. Union of India & Ors.’
wherein this Court considered the question of suppression
of information or submitting false information in the
verification form as to the question of having been
criminally prosecuted, arrested or as to pendency of a
criminal case. The whole idea of verification of character
and antecedents is that the person suitable for the post in
question is appointed. It is one of the important criteria
which is necessary to be fulfilled before appointment is
made. An incumbent should not have antecedents of such a
nature which may adjudge him unsuitable for the post. This
Court in Avtar Singh held as under:-
“38. We have noticed various decisions and tried to
explain and reconcile them as far as possible. In
view of aforesaid discussion, we summarize our
conclusion thus:
38.1 Information given to the employer by a
candidate as to conviction, acquittal or arrest, or
pendency of a criminal case, whether before or after
entering into service must be true and there should
be no suppression or false mention of required
information.”
8. The learned counsel for appellants also relied upon
recent judgment of this Court reported as (2021) 10 SCC
136, titled as ‘Rajasthan Rajya Vidyut Prasaran Nigam
Limited & Anr. Vs. Anil Kanwariya’ wherein this Court in
para 14 held as under:
“14. The issue/question may be considered from
another angle, from the employer’s point of view.
The question is not about whether an employee was
involved in a dispute of trivial nature and whether he
CWP-22316-2023 12
has been subsequently acquitted or not. The question
is about the credibility and/or trustworthiness of
such an employee who at the initial stage of the
employment, i.e., while submitting the declaration/
verification and/or applying for a post made false
declaration and/or not disclosing and/or
suppressing material fact of having involved in a
criminal case. If the correct facts would have been
disclosed, the employer might not have appointed
him. Then the question is of TRUST. Therefore, in
such a situation, where the employer feels that an
employee who at the initial stage itself has made a
false statement and/or not disclosed the material
facts and/or suppressed the material facts and
therefore he cannot be continued in service because
such an employee cannot be relied upon even in
future, the employer cannot be forced to continue
such an employee. The choice/option whether to
continue or not to continue such an employee always
must be given to the employer. At the cost of
repetition, it is observed and as observed
hereinabove in catena of decision such an employee
cannot claim the appointment and/or continue to be
in service as a matter of right.”
9. xx xx xx xx xx
10. We find that the respondent, seeking appointment to
the post of trained graduate teacher, is not an illiterate or
uneducated person who can claim the ignorance of the
meaning of the word ‘prosecution’. Avtar Singh (supra)
was a case of the appointment to the post of a constable.
This Court has held that giving of a wrong information dis-
entitles the candidate for appointment.
CWP-22316-2023 13
11. In the present case, the respondent is responsible for
shaping career of young students. What kind of message he
will be giving to the students by his conduct based on
untruthfulness?”
10. To the similar effect is the judgment of Hon’ble Supreme
Court passed in Devendra Kumar Vs. State of Uttaranchal and
others : 2013(4) SCT 482, wherein it has been held as under :-
“10. So far as the issue of obtaining the appointment by
misrepresentation is concerned, it is no more res integra.
The question is not whether the applicant is suitable for the
post. The pendency of a criminal case/proceeding is
different from suppressing the information of such
pendency. The case pending against a person might not
involve moral turpitude but suppressing of this information
itself amounts to moral turpitude. In fact, the information
sought by the employer if not disclosed as required, would
definitely amount to suppression of material information.
In that eventuality, the service becomes liable to be
terminated, even if there had been no further trial or the
person concerned stood acquitted/discharged.
11. It is a settled proposition of law that where an
applicant gets an office by misrepresenting the facts or by
playing fraud upon the competent authority, such an order
cannot be sustained in the eyes of law. “Fraud avoids all
judicial acts, ecclesiastical or temporal.” (Vide: S.P.
Chengalvaraya Naidu (Dead) by LRs. v. Jagannath (Dead)
by LRs. & Ors., 1994(1) R.R.R. 253 : AIR 1994 Supreme
Court 853. In Lazarus Estate Ltd. v. Besalay, 1956 All E.R.
349, the Court observed without equivocation that “no
judgment of a Court, no order of a Minister can be allowed
to stand if it has been obtained by fraud, for fraud unravels
everything.”
CWP-22316-2023 14
12. In Andhra Pradesh State Financial Corporation v.
M/s. GAR Re-Rolling Mills & Anr., 1994(2) R.R.R. 38 : AIR
1994 Supreme Court 2151; and State of Maharashtra &
Ors. v. Prabhu, (1994) 2 SCC 481, this Court has observed
that a writ Court, while exercising its equitable
jurisdiction, should not act to prevent perpetration of a
legal fraud as Courts are obliged to do justice by
promotion of good faith. “Equity is, also, known to prevent
the law from the crafty evasions and subtleties invented to
evade law.”
13. In Smt. Shrisht Dhawan v. M/s. Shaw Bros., 1992(1)
RCR (Rent) 442 : AIR 1992 Supreme Court 1555, it has
been held as under:–
“Fraud and collusion vitiate even the most solemn
proceedings in any civilised system of jurisprudence.
It is a concept descriptive of human conduct.”
14. In United India Insurance Company Ltd. v. Rajendra
Singh & Ors., 2000(2) RCR (Civil) 483 : AIR 2000
Supreme Court 1165, this Court observed that “Fraud and
justice never dwell together” (fraus et jus nunquam
cohabitant) and it is a pristine maxim which has not lost
temper over all these centuries. A similar view has been
reiterated by this Court in M.P. Mittal v. State of Haryana
& Ors., AIR 1984 Supreme Court 1888.
15. In Ram Chandra Singh v. Savitri Devi & Ors.,
2005(2) RCR (Civil) 696 : AIR 2004 Supreme Court 4096,
this Court held that “misrepresentation itself amounts to
fraud”, and further held “fraudulent misrepresentation is
called deceit and consists in leading a man into damage by
wilfully or recklessly causing him to believe and act on
falsehood. It is a fraud in law if a party makes
representations which he knows to be false, and injury
CWP-22316-2023 15
ensues therefrom although the motive from which the
representations proceeded may not have been bad.” The
said judgment was reconsidered and approved by this
Court in Vice-Chairman, Kendriya Vidyalaya Sangathan
and Anr. v. Girdharilal Yadav, (2004) 6 SCC 325.
16. The ratio laid down by this Court in various cases is
that dishonesty should not be permitted to bear the fruit
and benefit those persons who have frauded or
misrepresented themselves. In such circumstances the
Court should not perpetuate the fraud by entertaining
petitions on their behalf. In Union of India and Ors. v. M.
Bhaskaran, 1996(1) S.C.T. 469 : AIR 1996 Supreme Court
686, this Court, after placing reliance upon and approving
its earlier judgment in District Collector & Chairman,
Vizianagaram Social Welfare Residential School Society v.
M. Tripura Sundari Devi, (1990) 3 SCC 655, observed as
under:–
“If by committing fraud any employment is obtained,
the same cannot be permitted to be countenanced by
a Court of Law as the employment secured by fraud
renders it voidable at the option of the employer.”
17. In Delhi Administration through its Chief Secretary
and Ors. v. Sushil Kumar, (1996) 11 SCC 605, this Court
examined the similar case where the appointment was
refused on the post of Police Constable and the Court
observed as under:
“It is seen that verification of the character and
antecedents is one of the important criteria to test
whether the selected candidate is suitable to a post
under the State. Though he was found physically fit,
passed the written test and interview and was
provisionally selected, on account of his antecedent
CWP-22316-2023 16
record, the appointing authority found it not
desirable to appoint a person of such record as a
Constable to the disciplined force. The view taken by
the appointing authority in the background of the
case cannot be said to be unwarranted. The
Tribunal, therefore, was wholly unjustified in giving
the direction for reconsideration of his case. Though
he was discharged or acquitted of the criminal
offence, the same has nothing to do with the
question. What would be relevant is the conduct or
character of the candidate to be appointed to a
service and not the actual result thereof. If the actual
result happened to be in a particular way, the law
will take care of the consequence. The consideration
relevant to the case is of the antecedents of the
candidate. Appointing authority, therefore, has
rightly focused this aspect and found it not desirable
to appoint him to the service.”
(Emphasis added)
18. In Kendriya Vidyalaya Sangathan v. Ram Ratan
Yadav, 2003(3) S.C.T. 762 : AIR 2003 Supreme Court 1709;
and A.P. Public Service Commission v. Koneti
Venkateswarulu, 2006(1) S.C.T. 774: AIR 2005 Supreme
Court 4292, this Court examined a similar case, wherein,
employment had been obtained by suppressing a material
fact at the time of appointment. The Court rejected the plea
taken by the employee that the Form was printed in English
and he did not know the language, and therefore, could not
understand what information was sought. This Court held
that as he did not furnish the information correctly at the
time of filling up the Form, the subsequent withdrawal of
the criminal case registered against him or the nature of
offences were immaterial. “The requirement of filling
CWP-22316-2023 17
column Nos. 12 and 13 of the Attestation Form” was for
the purpose of verification of the character and
antecedents of the employee as on the date of filling in the
Attestation Form. Suppression of material information and
making a false statement has a clear bearing on the
character and antecedent of the employee in relation to his
continuation in service.
19. In State of Haryana & Ors. v. Dinesh Kumar,
2008(1) RCR (Criminal) 725 : 2008(1) Recent Apex
Judgments (R.A.J.) 354 : AIR 2008 Supreme Court 1083,
this Court held that there has to be a deliberate and wilful
misrepresentation and in case the applicant was not aware
of his involvement in any criminal case or pendency of any
criminal prosecution against him, the situation would be
different.
20. In Secretary, Department of Home, A.P. & Ors., v. B.
Chinnam Naidu, (2005) 2 SCC 746, this Court held that
facts are to be examined in each individual case and the
candidate is not supposed to furnish information which is
not specifically required in a case where information
sought dealt with prior convictions by a criminal Court.
The candidate answered it in the negative, the court held
that it would not amount to misrepresentation merely
because on that date a criminal case was pending against
him. The question specifically required information only
about prior convictions.
21. In R. Radhakrishnan v. Director General of Police
and Ors., 2008(1) S.C.T. 20 : 2007(6) Recent Apex
Judgments (R.A.J.) 402 : AIR 2008 Supreme Court 578,
this Court held that furnishing wrong information by the
candidate while seeking appointment makes him unsuitable
for appointment and liable for removal/termination if he
CWP-22316-2023 18
furnished wrong information when the said information is
specifically sought by the appointing authority.
22. In the instant case, the High Court has placed
reliance on the Govt. Order dated April 28, 1958 relating
to verification of the character of a Government servant,
upon first appointment, wherein the individual is required
to furnish information about criminal antecedents of the
new appointees and if the incumbent is found to have made
a false statement in this regard, he is liable to be
discharged forthwith without prejudice to any other action
as may be considered necessary by the competent
authority.
The purpose of seeking such information is not to find out
the nature or gravity of the offence or the ultimate result of
a criminal case, rather such information is sought with a
view to judge the character and antecedents of the job
seeker or suitability to continue in service. Withholding
such material information or making false representation
itself amounts to moral turpitude and is a separate and
distinct matter altogether than what is involved in the
criminal case.
23. More so, if the initial action is not in consonance
with law, the subsequent conduct of a party cannot sanctify
the same. “Subla Fundamento cedit opus”- a foundation
being removed, the superstructure falls. A person having
done wrong cannot take advantage of his own wrong and
plead bar of any law to frustrate the lawful trial by a
competent Court. In such a case the legal maxim Nullus
Commodum Capere Potest De Injuria Sua Propria applies.
The persons violating the law cannot be permitted to urge
that their offence cannot be subjected to inquiry, trial or
investigation. (Vide: Union of India v. Maj. Gen. Madan
Lal Yadav, 996(2) S.C.T. 347 : 1996(2) RCR (Criminal) 103
CWP-22316-2023 19
: AIR 1996 SC 1340; and Lily Thomas v. Union of India &
Ors., 2000(3) RCR (Civil) 252 : AIR 2000 Supreme Court
1650.”
11. To the same effect is the judgment of Hon’ble Supreme
Court in State of Rajasthan and others Vs. Chetan Jeff : 2022(2) SCT
764, wherein it has been held that where the employer feels that
employee who at initial stage itself made false statement and/or not
disclosed material facts and/or suppressed material facts cannot
continued in service.
12. So far as the reliance placed by the petitioner in
Sukhveer’s case (supra) is concerned, it is noticed that the facts of the
said case were totally different and the said judgment is not applicable
to the present case as in the said case, the Court had interpreted Rule 23
of Sashastra Seema Bal Rules, 2009 which stipulated that it is the
discretion of the employer as to whether a person is to be continued on a
post, when he is guilty of furnishing false or incorrect information, and
as to whether such a discretion has ever been exercised in favour of an
employee having given false or incorrect information by allowing him
to continue in service. The relevant portion from the said judgment is as
under :-
“A specific query was put to the counsel for the
respondent-SSB by this Court that on a plain reading,
language of Rule 23 of the SSB Rules, 2009 stipulates that
it is the discretion of the employer as to whether a person
is to be continued on a post, when he is guilty of furnishing
false or incorrect information, and as to whether such a
discretion has ever been exercised in favour of an employee
CWP-22316-2023 20
having given false or incorrect information by allowing
him to continue in service, counsel feigns ignorance.
Having heard learned counsel for the parties and
having gone through the documents available on record,
the undisputed facts that emerge are that a criminal case
had been registered against the petitioner at the time when
the form of enrollment as well as the verification form was
filled by him. It is also not in dispute that it was after the
issuance of the show cause notice that the compromise had
been entered into and the offence against the petitioner had
been compounded. The criminal proceedings against the
petitioner were dropped and he stood acquitted of the
charges framed against him.
Further, there is no rebuttal to controvert the
specific submission made by the counsel for the petitioner
that he was attributed an overt act of causing a simple
injury on the elbow of the injured, whereas the injury
attracting Section 325 of IPC was attributed to the co-
accused. The said aspect may be of material significance in
the present case considering that in the guidelines issued
by the Union of India pertaining to serious offences against
a body, Section 323 IPC does not find a mention and only
Section 325 of IPC is provided thereunder.
This Court is also conscious of the fact that even
though an applicant submitting an application for being
appointed against a post is required to make an honest
declaration regarding his antecedents, as may become
relevant for assessing the suitability of a person, however,
it is also required to be taken into consideration all the
factors laid down in the judgment of Avtar Singh (Supra).
Besides, there has been no other case or allegation
of any criminal antecedents or involvement of the
CWP-22316-2023 21
petitioner. Additionally, the socio-economic criteria and
background of an applicant also needs to be taken into
account to ascertain his mindset and approach towards
withholding of an information. Such withholding of
information, under the given socio-economic
circumstances of the petitioner was seemingly not an act to
commit concealment but was rather perpetuated by an
anxiety to secure a job for upliftment of the family and for
earning an honourable bread and butter.
It is also noticed that the recruitment of the
petitioner is at the lowest post in SSB and he is not
required to take supervisory/controlling decisions. In the
nature of duties to be performed by him, he is required to
perform compliance of the orders issued to him by the
Competent Authority and has no implication in any policy
matters. Such an aberration in disclosure may under
exceptional circumstances be considered sympathetically,
in the background of the compelling socio-economic
circumstances.
Further, a perusal of Rule 23 of SSB Rules, 2009
shows the said Rule confers a discretion with the authority
as to whether the services of a particular person are to be
terminated or not and that it is not a mandatory provision.
Hence, Rule itself leaves scope for continuance and to
examine candidature of each person and his possibility of
re-integration in the mainstream of the society. As a
restitutive and rehabilitative measure, any stray act of
involvement in any minor scuffle should not ordinarily
stand in the way of a person for his entire life.
Still further, the Government of India, Ministry of
Home Affairs has issued the policy guidelines for
considering case of candidates for appointment in CAPFs
vide Folio No.I-45020/6/2010-Pers.II dated 01.02.2012
CWP-22316-2023 22
wherein the circumstances in which a candidate would not
be considered for recruitment have been prescribed in
Clauses 2(II) and (III). The proviso thereto has a vital
significance. The said clause is extracted hereinafter
below:-
“2. Accordingly, the matter has been considered
in this Ministry in consultation with CAPFs, and it
has been decided as follows:
XXX XXX XXX
(II) If a candidate does not disclose his/her
involvement and/or arrest in criminal case(s),
complaint case(s), preventive proceedings etc.
under IPC or any other Act of the Central or
State Government in the application form but
discloses the same during medical
examination/PET and/or in the
attestation/verification form, in writing, the
candidature will not be cancelled on this
ground alone.
III) The candidate will not be considered for
recruitment if:
a) Such involvement/case/arrest is
concerned with an offence mentioned in
Annexure-A
b) Such arrest/detention is made under any
of the Acts which are concerned with
security and integrity of the country,
terrorist and disruptive activities, acts
against the state, insurgency, etc.
c) The candidate has been detained under
the National Security Act/Crime Control
CWP-22316-2023 23
Act/any similar legislation, and the same
is confirmed by the reviewing authority.
d) Such involvement/case arrest is
concerned with an offence involving
moral turpitude:
e) He/She has been convicted by a court in
any case whether or not an appeal is
pending against such conviction.
Provided that the candidate shall not be barred in
the above case, if only an FIR has been registered/
the case is under investigation and no charges have
been framed either on FIR or on the complaint in
any Court of Law.
Provided further that the candidate shall not be
debarred if he/she has been finally
acquitted/discharged by a Court, whether an appeal
is pending or not against such acquittal.
Provided further that the candidate shall not be
debarred if the proceedings are withdrawn by the
Central/State Government.
Provided further that the candidate shall not be
debarred if he/she has been involved/convicted/
concerned with minor offences mention in Annexure-
B or those mentioned in Chapter VIII & X of
Criminal Procedure, 1973.”
It is evident that a candidate is not to be debarred
for being considered for recruitment if he or she has been
acquitted or discharged by the Court notwithstanding
pendency of an appeal against acquittal. The aforesaid
proviso does not mandate that the acquittal/discharge must
exist as on the date when the form of enrollment is
submitted rather, emphasizes on the criminal proceedings
CWP-22316-2023 24
being finally resulting in acquittal/ discharge. In the
absence of any such specific stage being prescribed, the
interpretation to the benefit of the employee (petitioner
herein) can be safely adopted. Significantly, the said
guidelines were issued on 01.02.2012 whereas the
appointment as well as the relieving of the petitioner was
much beyond the issuance of the aforesaid guidelines but
the authorities have failed to take note of these policy
guidelines.
Under the given circumstances and taking into
consideration the totality of the facts noticed above as also
the principles laid down by the Hon’ble Supreme Court in
the matter of Avtar Singh (Supra) and as reiterated in the
recent judgment of Ravindra Kumar Versus State of U.P.
and Others reported as (2024) 1 Law Herald (SC) 369, I
deem it appropriate to set aside the order dated 23.12.2016
(Annexure P-5) passed by Deputy Inspector General
(Personnel), Sashastra Seema Bal terminating the services
of the petitioner, being extreme and proportionately harsh.
As a necessary consequence thereof, the respondents
are directed to re-appoint the petitioner into the service,
subject to the petitioner fulfilling medical fitness and
physical fitness as prescribed by the respondent-
Authorities. The petitioner shall not be paid any arrears for
the period till the date of his re-joining but shall however
be entitled to the notional consequential benefits for the
aforesaid period except that the same shall not be counted
as experience for his future consideration towards seniority
and promotion.
It is further clarified that even though the instant
petition was filed in the year 2019, however, on account of
outbreak of COVID-19 pandemic, the same could not be
heard and adjudicated expeditiously. Hence, the delay in
CWP-22316-2023 25
adjudication of the present petition thus is not being allowed
to stand in the way of an equitable relief to be granted to the
petitioner.”
13. In the present case, there is an active concealment on the
part of the petitioner as while filling online application form for the post of
Junior Engineer (Civil) on 10.04.2021, the petitioner had concealed the
material fact of registration of FIR No.22 dated 03.03.2021 against him
and even while giving the said application to the respondent-Department
on 13.05.2021, he also did not disclose the said fact. The services of the
petitioner have been terminated by the respondent-Department strictly in
terms of Clause 18 of the appointment letter. The said action is in
conformity with the law laid down by Hon’ble Supreme in Union of India
and others Vs. Shishu Pal @ Shiv Pal’s case (supra) and NCT of Delhi
and others Vs. Bheem Singh Meena’s case (supra). Therefore, there is no
illegality and infirmity in the action taken by the respondent-Department.
So far as the judgement cited by the learned counsel for the petitioner is
concerned, the same is not applicable to the facts and circumstances of the
present case.
14. Moreover, the acquittal of the petitioner, vide judgment dated
20.01.2025 passed by learned Judicial Magistrate First Class, Rajpura,
which is much after the termination of the petitioner, is of no consequence.
15. In view of the above, finding no merit in the instant petition,
the same is hereby dismissed with no order as to costs.
09.12.2025 (NAMIT KUMAR)
kothiyal JUDGE
Whether speaking/reasoned: Yes/No
Whether Reportable: Yes/No
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