As per case facts, the Petitioner, selected as a Constable in 2006, had his candidature cancelled for not disclosing a criminal case from 2000, despite being acquitted due to a ...
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
CWP-3517-2020
Harpreet Singh …..Petitioner
Versus
State of Punjab and others ....Respondents
1. The date when the judgment is reserved 06.07.2026
2. The date when the judgment is pronounced 14.07.2026
3. The date when the judgment is uploaded on 14.07.2026
4. Whether only operative part of the judgment is
pronounced or full judgment is pronounced
Full
5. The delay, if any, of the pronouncement of full
judgment, and reasons thereof.
Not applicable
CORAM: HON’BLE MR. JUSTICE NAMIT KUMAR
Argued by : Mr. Nitin Verma, Advocate for
Mr. S.K. Chawla, Advocate for the petitioner.
Mr. P.I.P. Singh, Addl. A.G., Punjab.
****
NAMIT KUMAR, J.
1. The petitioner has filed the instant petition under Articles
226/227 of the Constitution of India, seeking issuance of a writ of
certiorari for quashing the order dated 18.09.2012 (Annexure P-10),
passed by the Additional Director General of Police, Admn., Punjab,
Chandigarh and order dated 11.04.2019 (Annexure P-12), passed by the
Inspector General of Police, Punjab, whereby the claim of the petitioner
for appointment to the post of Constable has been rejected.
2. Briefly stated the facts of the case are that in pursuance to
the advertisement issued by the Punjab Armed Police, the petitioner was
CWP-3517-2020 2
selected for enrolment as a Constable in 13
th
Battalion, P.A.P., in the
year 2006 and was issued a constabulary number. However, before he
could join his duty, his candidature was cancelled and the constabulary
number allotted to him was withdrawn, vide order dated 03.10.2009
(Annexure P-3) by the Commandant, 13 Battalion, P.A.P., Chandigarh
on account of non-disclosure of FIR No.51 dated 01.06.2000 registered
under Sections 452, 506, 148 & 149 of Indian Penal Code, 1860 at
Police Station Jaitu, District Faridkot against the petitioner. Against the
said order, the petitioner had served a legal notice dated 14.10.2009
upon the respondents, however, when no action was taken on the said
legal notice by the respondents, the petitioner had approached this Court
by filing CWP No.955 of 2010 (Harpreet Singh Vs. State of Punjab and
others), which was disposed of by this Court, vide order dated
21.10.2010 (Annexure P-4), with a direction to the respondents to look
into the petitioner’s grievances as contained in legal notice dated
14.10.2009 and redress the same by passing a speaking order within a
period of 03 months. Thereafter, vide letter dated 19.01.2011 (Annexure
P-5), the petitioner was directed to appear in the Office of the Punjab
Police Headquarters, Sector-9, Chandigarh, on 25.01.2011 at 10:00
A.M., along with the documents pertaining to the aforementioned FIR.
In compliance with the said directions, the petitioner duly appeared
before the concerned authorities and produced a copy of the
judgment/order of his acquittal passed by the learned Judicial
Magistrate First Class, Faridkot. Since nothing was done by the
respondents, the petitioner again submitted representations dated
28.04.2012 & 25.06.2012 (Annexures P-7 & P-8) and thereafter, vide
CWP-3517-2020 3
letter dated 18.08.2012 (Annexure P-9), the petitioner was again asked
to appear in person before the Deputy Inspector General of Police,
Punjab, Chandigarh on 22.08.2012. The petitioner duly appeared and
produced all the requisite papers relating to his acquittal in the
abovesaid FIR. However, the claim of the petitioner was rejected, vide
impugned order dated 18.09.2012 (Annexure P-10), passed by the
Additional Director General of Police, Admin, Punjab, Chandigarh.
Aggrieved against the said order, the petitioner approached this Court
by filing CWP No.27808 of 2013 (Harpreet Singh Vs. State of Punjab
and others) (Annexure P-11), which was disposed of, vide order dated
08.10.2018, with a direction to the respondents to consider the case of
the petitioner in terms of judgment of Hon’ble Supreme Court in Avtar
Singh Vs. Union of India and others : (2016) 8 SCC 471, within a
period of 03 months and in case, on consideration, the competent
authority reaches to the conclusion that benefit claimed by the petitioner
is admissible to him, in such eventuality, the consequential relief be
allowed to him within a period of 06 weeks thereafter. However, in case,
the competent authority feels that the relief claimed by the petitioner is
not admissible or made out, in that case, a speaking order be passed. In
pursuance to the said directions, the claim of the petitioner was
considered by the Director General of Police, Punjab, however the same
was rejected, vide impugned order dated 11.04.2019 (Annexure P-12).
3. Aggrieved against the orders dated 18.09.2012 (Annexure
P-10) and 11.04.2019 (Annexure P-12), the petitioner has preferred the
instant petition.
CWP-3517-2020 4
4. Reply by way of an affidavit of Sh. Balram Rana, PPS,
Deputy Superintendent of Police, 13
th
Battalion, P.A.P., Chandigarh, on
behalf of respondents No.1 to 6 has been filed, wherein it has been
stated as under :-
“1. That it is an admitted fact of the case that in the year
2000, a criminal case, F.I.R No. 51, dated 01.06.2000
under section 452/506/148/149 IPC, Police Station Jaito
was registered against the petitioner. It is also an
admitted fact of the case that the petitioner was acquitted
of the charges due to compromise reached between the
parties. It is pertinent to submit here that the petitioner has
applied for the post of constable in the Punjab Armed
Police in the month of August, 2006 vide application form
No. 077845, dated 28.08.2006. The petitioner concealed
the material information while filing submitting his
application form, whereas each applicant was required to
mention in the column No. 17 of the said application form
that whether any criminal case had been registered against
him and further to mention the details of the same. It is
further pertinent to submit here that in the column No. 19
of the application form, which was pertaining to
verification of the contents of the application form as
supplied by the candidates was also signed by the
petitioner declaring that the details given in the application
form were true and correct. It was further declared by the
petitioner that if any aforementioned information is found
to be incorrect before or after the test/interview, then the
candidature and all his rights of recruitment/enlistment be
considered forfeited. A true translated copy of his
application form No. 077845 is annexed as Annexure R-1.
In this way, by the deceitful manner, the petitioner
succeeded to compete with other candidates having good
and moral character without disclosing the information
CWP-3517-2020 5
regarding criminal case registered against him. If the
petitioner disclosed this materialistic information in his
application form then his candidature must have been
cancelled and he must have not been allowed to compete in
the recruitment because Rule 12.14(1) of the Punjab Police
Rules provides that a recruit shall be of good character
and therefore, great care shall be taken in selecting the
men from the candidates. The provision of rule 12.14(1) is
produced as under :
xx xx xx xx xx xx xx xx xx
2. The Petitioner intentionally concealed this material
information regarding registration of aforementioned
criminal case and in a deceitful manner succeeded to
compete with other candidates and got his name
approved for enlistment as constable in the Punjab Armed
Police by cheating and playing fraud with the
department.”
5. Learned counsel for the petitioner has submitted that since
the petitioner had already been acquitted in the criminal case, therefore,
the factum of said FIR was not disclosed in the application form and as
such there was no bad intention or intentional concealment on the part
of the petitioner and the same was not disclosed on bona fide belief that
since he has already been acquitted, therefore, there is no need to
mention the details of the said FIR. He has further submitted that a
compromise has been effected in the said case and consequently, the
petitioner was acquitted and the said case has no bearing upon the
service of the petitioner as a Constable and, therefore, the action of the
respondents in withdrawing the constabulary number allotted to the
petitioner, vide order dated 03.10.2009 (Annexure P-3) is totally illegal
and arbitrary and appropriate directions may be issued to the
CWP-3517-2020 6
respondents to appoint the petitioner as Constable with all consequential
benefits.
6. Per contra, learned State counsel has submitted that since
the petitioner has concealed the material information qua registration of
FIR against him in the application form and the said fact came to the
knowledge of the department at the time of verification of character and
antecedents of the petitioner, therefore, the offer of appointment has
rightly been withdrawn by the respondents.
7. I have heard learned counsel for the parties and perused the
record with their able assistance.
8. The facts are not in dispute that the petitioner was selected
for enrolment as a Constable in the year 2006 and was issued a
constabulary number, however, before he could join his duties, his
candidature has been cancelled and constabulary number allotted to him
has been withdrawn, vide order dated 03.10.2009 (Annexure P-3) on
account of non-disclosure of his criminal antecedent.
9. The only question which arises for consideration before
this Court is as to whether non-disclosure of material information, as
sought in the application form, for enrolment as Constable, would defeat
the right of appointment or not ?
10. Before proceeding further, it would be apt to refer to paras
17 & 19 of the application form which was filled by the petitioner when
he applied for the post of Constable :-
“17. Whether any criminal case was registered against
you ?
Yes No
CWP-3517-2020 7
If yes, then give details as follows :-
Sr.
No.
Court
Case/
F.I.R.
No.
Date Name of
the
Court/PS
Under
Section
Decision
Conviction/
Acquittal/
pending
If
Convicted
then give
details
18. xx xx xx xx xx
19.Verification :
I, verify that all the above mentioned details given in
this application form are true and correct to the best of my
knowledge and belief. If any of the aforesaid information is
found incorrect and wrong, before or after the
test/interview, then my candidature may be considered
cancel and my all rights regarding recruitment may be
forfeited. I also undertake that if the selection board
founds me guilty of having violated any rule/condition
related to written test or selection process then my
candidature may be considered cancel and the recruitment
board can declare me fail independently.”
11. Rule 12.14(1) of the Punjab Police Rules provides that a
recruit shall be of good character and therefore, great care shall be taken
in selecting the men from the candidates. Rule 12.14(1) reads thus :-
“12.14(1) - Recruits shall be of good character and great
care shall be taken in selecting the men of a type suitable
for Police Service from the candidates presenting
themselves for enrolment.”
12. Admittedly, the petitioner was involved in FIR No.51 dated
01.06.2000 registered under Sections 452, 506, 148 & 149 of Indian
Penal Code, 1860 at Police Station Jaitu, District Faridkot. Although, he
was acquitted in the said case, vide order dated 16.12.2000 passed by
the Court of learned Judicial Magistrate First Class, Faridkot, as the
matter was compromised between the parties and the complainant
CWP-3517-2020 8
requested for withdrawal of the prosecution, however, once the said
information was required to be disclosed in the application form which
was submitted by the petitioner while applying for the post of
Constable, the same was not disclosed by him and there is an active
concealment on his part.
13. Hon’ble Supreme Court in Devendra Kumar Vs. State of
Uttaranchal and others : 2013(9) SCC 363 has held that non-disclosure
of such like information is itself a moral turpitude. The relevant portion
of the said judgment reads thus :-
“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.
11-21. xx xx xx xx xx
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
CWP-3517-2020 9
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 : AIR 1996 Supreme Court 1340 and Lily Thomas v.
Union of India & Ors., 2000(3) RCR (Civil) 252 : AIR
2000 Supreme Court 1650).
Nor can a person claim any right arising out of his own
wrong doing. (Juri Ex Injuria Non Oritur).
24. The courts below have recorded a finding of fact that
the appellant suppressed material information sought by
the employer as to whether he had ever been involved in a
criminal case. Suppression of material information sought
CWP-3517-2020 10
by the employer or furnishing false information itself
amounts to moral turpitude and is separate and distinct
from the involvement in a criminal case.
In view of the above, the appeal is devoid of any
merit and is accordingly dismissed.”
14. To the similar effect there are judgments of Hon’ble
Supreme Court in Bharat Coking Coal Ltd. Vs. Workmen being
represented by Janta Mazdoor Sangh : 2021(4) SCT 83; Rajasthan
Rajya Vidyut Prasaran Nigam Limited and another Vs. Anil
Kanwariya : 2021(4) SCT 131 and Government of NCT of Delhi and
others Vs. Bheem Singh Meena : 2022(2) SCT 454.
15. A three Judge Bench of Hon’ble Supreme Court in Avtar
Singh Vs. Union of India and others : (2016) 8 SCC, 471 has adverted
with question of appointment of a candidate who was/is involved in a
criminal case. The Court after noticing plethora of judgments has culled
out legal position as below :-
“38. We have noticed various decisions and tried to
explain and reconcile them as far as possible. In view of
the aforesaid discussion, we summarise 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.
38.2. While passing order of termination of services or
cancellation of candidature for giving false information,
the employer may take notice of special circumstances of
the case, if any, while giving such information.
CWP-3517-2020 11
38.3. The employer shall take into consideration the
government orders/instructions/rules, applicable to the
employee, at the time of taking the decision.
38.4. In case there is suppression or false information of
involvement in a criminal case where conviction or
acquittal had already been recorded before filling of the
application/verification form and such fact later comes to
knowledge of employer, any of the following recourse
appropriate to the case may be adopted:
38.4.1. In a case trivial in nature in which conviction had
been recorded, such as shouting slogans at young age or
for a petty offence which if disclosed would not have
rendered an incumbent unfit for post in question, the
employer may, in its discretion, ignore such suppression of
fact or false information by condoning the lapse.
38.4.2. Where conviction has been recorded in case which
is not trivial in nature, employer may cancel candidature
or terminate services of the employee.
38.4.3. If acquittal had already been recorded in a case
involving moral turpitude or offence of heinous/serious
nature, on technical ground and it is not a case of clean
acquittal, or benefit of reasonable doubt has been given,
the employer may consider all relevant facts available as to
antecedents, and may take appropriate decision as to the
continuance of the employee.
38.5. In a case where the employee has made declaration
truthfully of a concluded criminal case, the employer still
has the right to consider antecedents, and cannot be
compelled to appoint the candidate.
38.6. In case when fact has been truthfully declared in
character verification form regarding pendency of a
criminal case of trivial nature, employer, in facts and
circumstances of the case, in its discretion may appoint the
candidate subject to decision of such case.
CWP-3517-2020 12
38.7. In a case of deliberate suppression of fact with
respect to multiple pending cases such false information by
itself will assume significance and an employer may pass
appropriate order cancelling candidature or terminating
services as appointment of a person against whom multiple
criminal cases were pending may not be proper.
38.8. If criminal case was pending but not known to the
candidate at the time of filling the form, still it may have
adverse impact and the appointing authority would take
decision after considering the seriousness of the crime.
38.9. In case the employee is confirmed in service, holding
departmental enquiry would be necessary before passing
order of termination/removal or dismissal on the ground of
suppression or submitting false information in verification
form.
38.10. For determining suppression or false information
attestation/verification form has to be specific, not vague.
Only such information which was required to be
specifically mentioned has to be disclosed. If information
not asked for but is relevant comes to knowledge of the
employer the same can be considered in an objective
manner while addressing the question of fitness. However,
in such cases action cannot be taken on basis of
suppression or submitting false information as to a fact
which was not even asked for.
38.11. Before a person is held guilty of suppressio veri or
suggestio falsi, knowledge of the fact must be attributable
to him.”
[Emphasis Supplied]
16. A two Judge Bench of Supreme Court in Satish Chandra
Yadav Vs. Union of India and others : 2023 (7) SCC 536 has adverted
with the question of appointment of a candidate against whom criminal
CWP-3517-2020 13
case is pending/or was instituted. The Court has laid down guidelines as
below :-
“93. In such circumstances, we undertook some exercise
to shortlist the broad principles of law which should be
made applicable to the litigations of the present nature.
The principles are as follows:
93.1. Each case should be scrutinised thoroughly by the
public employer concerned, through its designated officials
— more so, in the case of recruitment for the Police Force,
who are under a duty to maintain order, and tackle
lawlessness, since their ability to inspire public confidence
is a bulwark to society's security. (See Raj Kumar [State v.
Raj Kumar, (2021) 8 SCC 347 : (2021) 2 SCC (L&S)
745])
93.2. Even in a case where the employee has made
declaration truthfully and correctly of a concluded
criminal case, the employer still has the right to consider
the antecedents, and cannot be compelled to appoint the
candidate. The acquittal in a criminal case would not
automatically entitle a candidate for appointment to the
post. It would be still open to the employer to consider the
antecedents and examine whether the candidate concerned
is suitable and fit for appointment to the post.
93.3. The suppression of material information and making
a false statement in the verification form relating to arrest,
prosecution, conviction, etc. has a clear bearing on the
character, conduct and antecedents of the employee. If it is
found that the employee had suppressed or given false
information in regard to the matters having a bearing on
his fitness or suitability to the post, he can be terminated
from service.
93.4. The generalisations about the youth, career
prospects and age of the candidates leading to condonation
CWP-3517-2020 14
of the offenders' conduct, should not enter the judicial
verdict and should be avoided.
93.5. The Court should inquire whether the authority
concerned whose action is being challenged acted mala
fide.
93.6. Is there any element of bias in the decision of the
authority?
93.7. Whether the procedure of inquiry adopted by the
authority concerned was fair and reasonable?”
[Emphasis Supplied]
17. In the present case, the petitioner deliberately not disclosed
his criminal antecedents at the time of filling application form for the
post of Constable. It is not the case of the petitioner that he was unaware
of his antecedents. He was very much aware of the case already
adjudicated upon. The claim of the petitioner is that he had already been
acquitted in FIR prior to filling of application form for the post of
Constable, thus, non-declaration of antecedents can be condoned.
18. The Apex Court in Avtar Singh (supra) in paragraph
No.38.5 has held that where an employee has made declaration
truthfully of a concluded criminal case, the employer still has the right
to consider antecedents and cannot be compelled to appoint the
candidate. In Paragraph No.38.7, it has been held that in case of
deliberate suppression of fact, an employer may pass appropriate order
cancelling candidature or terminating services. The similar observation
has been made by Hon’ble Supreme Court in Satish Chandra Yadav
(supra) as well. The employer could consider nature of criminal case or
its status, however, the petitioner as per his wisdom had decided not to
CWP-3517-2020 15
disclose his antecedents. The act of the petitioner comes in the teeth of
afore-cited judgments of the Apex Court.
19. In view of the above, this Court does not find any illegality
or infirmity in the order dated 18.09.2012 (Annexure P-10), passed by
the Additional Director General of Police, Admn., Punjab, Chandigarh
and order dated 11.04.2019 (Annexure P-12), passed by the Inspector
General of Police, Punjab, whereby the claim of the petitioner for
appointment to the post of Constable has been rejected on the ground of
non-disclosure of his criminal antecedents.
20. Consequently, the instant petition being bereft of merit is
hereby dismissed with no order as to costs.
(NAMIT KUMAR)
14.07.2026 JUDGE
Kothiyal
Whether Speaking/reasoned Yes/No
Whether Reportable Yes/No
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