2024 INSC 131

1

REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 5902 OF 2012

RAVINDRA KUMAR …Appellant (s)

Versus

STATE OF U.P. & ORS. ...Respondent(s)

J U D G M E N T

K.V. Viswanathan, J.

1. The vexed question is back again. Is it a hard and fast and a

cut and dried rule that, in all circumstances, non-disclosure of

a criminal case (in which the candidate is acquitted) in the

verification form is fatal for the candidate’s employment? We

think not and it ought not to be so too. Fortunately, we have

a judicial chorus supporting our view. Each case will turn on

the special facts and circumstances. We have endeavoured to

analyse the applicable precedents and have followed those

2

line of cases, which have a striking similarity to the facts at

hand.

Facts of the case:

2. Ravindra Kumar (the appellant), on 12.02.2004, applied for

the post of Constable. His record was unblemished. Five days

after submitting the application, i.e. on 17.02.2004, he was

embroiled in a criminal case for offences punishable under

Sections 324, 352 and 504 Indian Penal Code, 1860 (“IPC”),

which he claims was a false case. He cleared the written exam

and the interview. Earlier he had cleared the physical

efficiency test too.

3. In the meantime, the criminal case took an interesting turn as

by the judgment dated 13.09.2004, the appellant was

acquitted. At that criminal trial, the informant PW-1 Srikant,

who according to the prosecution, was allegedly injured in the

incident on account of injuries allegedly inflicted by the

appellant and by Vijendra, Ishwar Dayal and Radhey Shyam,

turned hostile. The son of the informant, PW-2 Ram Gulam

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with whom according to the prosecution, the accused party

was quarreling, till PW-1 Srikant intervened and allegedly

became subject to physical attack, also turned hostile. Ram

Gulam clearly deposed that he could not identify any of the

accused. The witnesses even stated that the Daroga Ji (Station

House Officer) did not record their statement. In the cross-

examination, they also stated that there was a big crowd at the

occurrence and as such they could not identify the assailants.

Insofar as Section 504 IPC was concerned which deals with

intentional insult with the intent to provoke breach of peace,

both the parties have filed a compromise memo, which was

accepted by the Court. In view of the above, they were

acquitted of all the charges.

4. The Appellant, after being selected, was required to submit

an Affidavit disclosing criminal antecedents, if any. The

Appellant submitted the affidavit on 30.10.2004, wherein, he

inter alia, stated that no criminal case, cognizable or non-

cognizable, has ever been registered against him.

4

5. Thereafter, he was asked to report for training and when he

reported, he was not sent for training on the ground that there

was a character verification pending. Subsequently, on

12.04.2005, he was given the following letter cancelling his

selection:

“It is to inform that you have been selected on the post of

Recruit Constable PAC by the Selection Committee, 8

th

Battalion PAC, Bareilly after the examination. After

selection, you submitted affidavit dated 30.10.2004, in

which, you have mentioned that no criminal case/case,

cognizable or non cognizable, has never been registered

against you and no challan and police investigations are

pending against you. On getting made your character

verification from the Superintendent of Police of your

Home District Deoria, this fact has come in light that a

Crime No.95/04 under Section 324/504 and 352 I.P.C. was

registered against you at the Police Station - Gauri Bazar,

District Deoria discharged you from the charge in

question on 13.09.2004.

It is clear from the above that you have concealed

the above offence and filed false affidavit. Therefore, due

to producing false affidavit, your selection on the post of

Recruit Constable in PAC is hereby cancelled.”

6. The case of the Department was that, under Clause 9 of the

recruitment notification dated 20.01.2004, if any fact is

concealed in the affidavit by the candidate, his candidature is

5

liable for cancellation. Clause 9, being relevant, is extracted

herein below:

“9. Character Verification:

Character verification of all the candidates found eligible

as above will be done as per the government rules

prevailing at that time. In character verification, eligible

candidates will have to furnish an affidavit in the

prescribed format on a non-judicial stamp paper duly

attested by a public notary. The format of the affidavit will

be made available by the Selection Committee to the

candidates finally selected in the interview. If it is found

through the character verification or any other means that

facts have been concealed in the affidavit by the candidate,

not only will the selection of the candidate be cancelled

but legal action can also be taken against him. No

candidate/person/organization will have the right to

protest in any court in case the selection is cancelled due

to false facts being mentioned in the affidavit or not

providing the prescribed required information.”

7. The multiple Clauses of the Affidavit, verified on 30.10.2004,

namely, Clause 4, 5, 6, 7 and 11 read as under:

“4. That to the best of my knowledge, no criminal

case/matter (cognizable or non-cognizable) has ever been

registered against me, nor has the police challaned me in

any such criminal case, nor is any police investigation

pending against me. NO

5. That I have never been arrested in any criminal case

(cognizable or non-cognizable) nor have I ever

surrendered in any such criminal case. NO

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6. That the details of the criminal cases which have been

registered against me or in which I have been challaned or

which were/are pending against me in the court or under

investigation by the police are as follows (if the

information is nil then write ‘zero’)

7. That the details of the criminal cases pending against me

in any court and in which I was punished or acquitted or

discharged are as follows (if the information is nil then

write ‘zero’) ZERO

11. That if anything mentioned in the application is found

to be false or the facts are found to be concealed and if I

am immediately unconditionally terminated from the Uttar

Pradesh Police Service and also given statutory

punishment, then it will be acceptable to me.”

8. In the meantime, the police verification proceeded. On

09.12.2004, the report of Police Station, Gauri Bazar, District

Deoria stated that while a case in crime no. 95 of 2004 under

Sections 324, 352 and 504 IPC was registered against the

candidate, the candidate was acquitted and there was no appeal

filed against the acquittal order. Further, there was no other

case pending in any court nor was any case registered against

the candidate at the police station. The SHO further mentioned

as follows:

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“The character of the candidate is excellent. As per my

consent the candidate is eligible to do government service

under the State Government”

Moreover, the Gram Pradhan also seconded the “excellent”

character of Appellant in the Character Certificate issued by

him. The Character Certificate issued by the Gram Pradhan

reads as under:-

“CHARACTER CERTIFICATE

It is certified that Ravindra Kumar s/o Late Pardesi Prasad,

is a permanent resident of Village Bagapar, Post Katora,

Police Station Gauri Bazar, District Deoria (Uttar

Pradesh). I know and recognize him very well. His

character is excellent. I wish him a bright future.

Signature and seal

Gram Pradhan”

9. Thereafter, on 10.12.2004, the Superintendent of Police,

Deoria, whilst taking note of the report of Police Station,

Gauri Bazar, District Deoria, informed the Commandant, 8

th

Battalion, PAC., Bareilly that, in his opinion, the candidate

was eligible to do government service under the State

8

Government. The relevant portion of the letter dated

10.12.2004 is reproduced as follows-

“….The character of the candidate is excellent. Therefore,

the candidate Shri Ravindra Kumar s/o Shri Pardesi Ram

r/o Bagapar, Post Kathaura, Police Station Gauri Bazar,

District Deoria is eligible to do government service under

the State government.”

10. The State of U.P., in support of the cancellation letter dated

12.04.2005, relies on a letter dated 31.12.2004 written on

behalf of the Inspector General of Police, PAC to the

Commandant, 8

th

Battalion, PAC wherein it was stated, that

with regard to the cases of the appellant and two others, who

were found to be acquitted in criminal cases during character

verification and who had not mentioned the factum of those

cases in the affidavit, it was to be ensured that action as per

the rules regarding submission of false affidavit be taken

against those candidates. The State has also placed on record

a letter of 07.01.2005 by the Inspector General of Police to

all the Commandants of PAC Battalion, U.P. stating that with

regard to submission of false affidavit, action should be taken

9

as per the instructions issued. In the cases of candidates who

had mentioned the facts related to the charges registered

against them in the affidavit, action should be taken as per

their discretion and the Government orders.

11. The State has also placed on record the “Form of verification

of character” setting out that it was necessary to verify the

character and antecedents before appointment of any

candidate. The Verifying Authority was to report directly if

found eligible. If the candidate is ineligible according to report

then the report was to be sent to the District Magistrate. The

District Magistrate was to call the candidate and record his

statement and write down his opinion as to what he considers

about the candidate and also send the statement of the

candidate. In the note appended, it was even set out that, even

a conviction need not by itself involve the refusal of a

certificate of good character. The circumstances of the

conviction should be taken into account and if they involve no

moral turpitude or association with crimes of violence or with

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a movement which has as its object, the overthrow by violent

means of Government as by law established in Union of India

then mere conviction need not be regarded as a

disqualification. It is also mentioned in Clause 4 of the Form

of Verification of Character as follows:-

“4. It is further requested that the following general

rules regarding conduct of candidates for government

jobs should also be kept in mind.

The character of a candidate for direct

appointment must be such as to render him suitable in

all respects for employment in the service or post to

which he is to be appointed. It would be the duty of

the appointing authority to satisfy itself on this point.”

Proceedings in the High Court:-

12. Aggrieved by the letter dated 12.04.2005 of the cancellation of

selection, the appellant filed a Civil Misc. Writ Petition No.

39418 of 2005 before the High Court of Judicature at

Allahabad. The appellant argued that there was no deliberate

or willful concealment on his part as he has been acquitted in

the criminal case. The Ld. Single Judge, vide judgement dt.

16.05.2005, dismissed the Writ Petition holding that the

11

petitioner has suppressed material information with regard to

his involvement in a criminal case at the time of filling up the

form. It was held that the subsequent acquittal of his

involvement in the criminal case will not absolve him from the

fact that he had suppressed material information.

13. The Appellant, being aggrieved by the Judgement of Ld.

Single Judge, filed an appeal bearing Special Appeal No.

896/2005. The Division Bench, vide impugned judgment

dated 29.10.2020, dismissed the Special Appeal holding that

if a person swears a false affidavit at the time of enrollment,

he is not fit to be enrolled in the disciplined service. It was

further held that the act of swearing false affidavit on its own,

is an act, which touches upon the conduct and character of the

person. The suppression of the material information from the

employer does not get vindicated by the subsequent acquittal

in the case. Moreover, the appointing authority was not

required to go into the details of the allegations in the criminal

12

case, the evidence led in the trial and the reasons for which the

criminal court had convicted or acquitted the candidate.

14. The Appellant, being aggrieved of the Judgment dated

29.10.2010, is before us in the instant appeal.

Contentions:-

15. Before us Mr. Premashis Choudhary, learned advocate for the

appellant, contended that there was no willful concealment;

that at the time of submitting of the application form on

12.02.2004, there was no criminal case pending against the

appellant; and at that stage there was no requirement to

furnish any affidavit. The appellant was acquitted in the

criminal case on 13.09.2004 i.e. much prior to the filing of

his affidavit on 30.10.2004. Since no criminal case was

pending at the time of filing of affidavit, the appellant was

under a bona fide belief that there was no requirement to

disclose. It is further contended that as such there was no

intention to deceive.

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16. On the other hand, Ms. Garima Prashad, learned Additional

Advocate General and Ms. Ruchira Goel, learned Standing

Counsel for the State have contended that the appellant made

a false representation in Clauses 4, 5, 6 and 7 of his Affidavit.

Further, along with the appellant, two other persons, who were

found to have been given false statements, have also been

visited with the cancellation. Moreover, the present case is

covered in favour of the State, by the judgment of this Court

in case of Avtar Singh Vs. Union of India and Others, (2016)

8 SCC 471, particularly, para 38.1, 38.2, 38.3 and 38.11

thereof.

Questions for consideration:-

17. In the above background, the questions that arise for

consideration are:-

i. Was the State justified in cancelling the selection

of the appellant, vide its order of 12.04.2005?

ii. To what relief, if any, is the appellant entitled to?

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Discussion and findings:

18. As the facts reveal, admittedly on 12.02.2004, when the

appellant applied for the post of Constable, there was no

criminal case registered or pending. Five days after submitting

the application, no doubt, he was embroiled in a criminal case

which has since resulted in an acquittal by the trial court, vide

order dated 13.09.2004, and no appeal was filed against the

same. There is no dispute that under Clause 9 of the

recruitment notification dated 20.01.2004, he was required to

furnish an Affidavit in the format given by the Selection

Committee. It is also specifically mentioned in Clause 9 that if

it is found that facts have been concealed in the Affidavit the

selection of the candidate is liable for cancellation. As will be

seen from paras 4, 5, 6 and 7 of the affidavit, information

(though somewhat repetitive) was sought. It did obligate the

candidate to disclose any criminal case which was registered

against him; any arrest made in the past, the details of the cases

which were pending and, most importantly, the details of

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acquittals were also called for. It is also an undisputed fact that

the appellant said ‘No’ to each of these queries. The

appellant’s explanation is that since he was acquitted, he bona

fide believed that he was only obliged to give details of any

pending proceedings.

19. The State had taken the position that Clause 9 of the

recruitment notification and the queries in the affidavit were

quite clear and that there being suppression, the cancellation

was perfectly justified.

20. The law on this issue is settled by a three-Judge Bench of this

Court in Avtar Singh (Supra). Paras 34, 35, 36 & 38, which

sets out the conclusions, are extracted herein below:-

“34. No doubt about it that verification of character and

antecedents is one of the important criteria to assess

suitability and it is open to employer to adjudge

antecedents of the incumbent, but ultimate action should

be based upon objective criteria on due consideration of all

relevant aspects.

35. Suppression of “material” information presupposes

that what is suppressed that “matters” not every technical

or trivial matter. The employer has to act on due

consideration of rules/instructions, if any, in exercise of

16

powers in order to cancel candidature or for terminating

the services of employee. Though a person who has

suppressed the material information cannot claim

unfettered right for appointment or continuity in service

but he has a right not to be dealt with arbitrarily and

exercise of power has to be in reasonable manner with

objectivity having due regard to facts of cases.

36. What yardstick is to be applied has to depend upon the

nature of post, higher post would involve more rigorous

criteria for all services, not only to uniformed service. For

lower posts which are not sensitive, nature of duties,

impact of suppression on suitability has to be considered

by authorities concerned considering post/nature of

duties/services and power has to be exercised on due

consideration of various aspects.

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.

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

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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 recourses

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.

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

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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)

21. As would be clear from Avtar Singh (Supra), it has been

clearly laid down that though a person who has suppressed the

material information cannot claim unfettered right for

appointment, he or she has a right not to be dealt with

19

arbitrarily. The exercise of power has to be in a reasonable

manner with objectivity and having due regard to the facts. In

short, the ultimate action should be based upon objective

criteria after due consideration of all relevant aspects.

22. Avtar Singh (Supra) also noticed the judgment in

Commissioner of Police and Others Vs. Sandeep Kumar,

(2011) 4 SCC 644. In Sandeep Kumar (supra), this Court set

out the story of the character “Jean Valjean” in Victor Hugo’s

novel Les Miserables, where the character was branded as a

thief for stealing a loaf of bread for his hungry family. It also

discussed the classic judgment of Lord Denning in Morris v.

Crown Office, (1970) 2 QB 114 and concluded as follows:-

“10… …

In our opinion, we should display the same wisdom as

displayed by Lord Denning.

11. As already observed above, youth often commits

indiscretions, which are often condoned.

12. It is true that in the application form the respondent

did not mention that he was involved in a criminal case

under Sections 325/34 IPC. Probably he did not mention

this out of fear that if he did so he would automatically be

disqualified. At any event, it was not such a serious offence

20

like murder, dacoity or rape, and hence a more lenient view

should be taken in the matter.”

Thereafter, in Avtar Singh (supra) dealing with Sandeep

Kumar (supra), this Court observed as under:

“24… …

This Court has observed that suppression related to a case

when the age of Sandeep Kumar was about 20 years. He

was young and at such age people often commit

indiscretions and such indiscretions may often be

condoned. The modern approach should be to reform a

person instead of branding him a criminal all his life. In

[Morris v. Crown Office, (1970) 2 QB 114 : (1970) 2 WLR

792 (CA)] , the observations made were that young people

are no ordinary criminals. There is no violence, dishonesty

or vice in them. They were trying to preserve the Welsh

language. Though they have done wrong but we must

show mercy on them and they were permitted to go back

to their studies, to their parents and continue the good

course.”

23. In Ram Kumar vs. State of U.P. and Others, (2011) 14 SCC

709, another case noticed and discussed in Avtar Singh

(Supra) arising out of near identical facts and construing a

similar clause in the verification form, this Court, while

granting relief, held as follows:-

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“9. We have carefully read the Government Order dated

28-4-1958 on the subject “Verification of the character

and antecedents of government servants before their first

appointment” and it is stated in the government order that

the Governor has been pleased to lay down the following

instructions in supersession of all the previous orders:

“The rule regarding character of candidate for appointment

under the State Government shall continue to be as

follows:

The character of a candidate for direct appointment must

be such as to render him suitable in all respects for

employment in the service or post to which he is to be

appointed. It would be the duty of the appointing authority

to satisfy itself on this point.

xxx xxx

12. On a reading of the order dated 18-7-2002 of the

Additional Chief Judicial Magistrate it would show that the

sole witness examined before the court, PW 1, Mr

Akhilesh Kumar, had deposed before the court that on 2-

12-2000 at 4.00 p.m. children were quarrelling and at that

time the appellant, Shailendra and Ajay Kumar amongst

other neighbours had reached there and someone from the

crowd hurled abuses and in the scuffle Akhilesh Kumar got

injured when he fell and his head hit a brick platform and

that he was not beaten by the accused persons by any sharp

weapon. In the absence of any other witness against the

appellant, the Additional Chief Judicial Magistrate

acquitted the appellant of the charges under Sections

323/34/504 IPC. On these facts, it was not at all possible

for the appointing authority to take a view that the

appellant was not suitable for appointment to the post of a

police constable.

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13. The order dated 18-7-2002 of the Additional Chief

Judicial Magistrate had been sent along with the report

dated 15-1-2007 of Jaswant Nagar Police Station to the

Senior Superintendent of Police, Ghaziabad, but it appears

from the order dated 8-8-2007 of the Senior

Superintendent of Police, Ghaziabad, that he has not gone

into the question as to whether the appellant was suitable

for appointment to service or to the post of constable in

which he was appointed and he has only held that the

selection of the appellant was illegal and irregular because

he did not furnish in his affidavit in the pro forma of

verification roll that a criminal case has been registered

against him.

14. As has been stated in the instructions in the

Government Order dated 28-4-1958, it was the duty of the

Senior Superintendent of Police, Ghaziabad, as the

appointing authority, to satisfy himself on the point as to

whether the appellant was suitable for appointment to the

post of a constable, with reference to the nature of

suppression and nature of the criminal case. Instead of

considering whether the appellant was suitable for

appointment to the post of male constable, the appointing

authority has mechanically held that his selection was

irregular and illegal because the appellant had furnished an

affidavit stating the facts incorrectly at the time of

recruitment.

xxx xxx

17. For the aforesaid reasons, we allow the appeal, set

aside the order of the learned Single Judge and the

impugned order of the Division Bench and allow the writ

petition of the appellant and quash the order dated 8-8-

2007 of the Senior Superintendent of Police, Ghaziabad.

The appellant will be taken back in service within a period

of two months from today but he will not be entitled to any

23

back wages for the period he has remained out of service.

There shall be no order as to costs.”

Ram Kumar (supra) was also a case of cancellation of

selection to the post of Constable.

24. More recently in Pawan Kumar vs. Union of India and

Another, (2022) SCC OnLine SC 532 , involving

appointment to the post of Constable in Railway

Protection Force and setting aside the order of discharge due

to alleged suppression in the verification form, this Court,

after noticing Avtar Singh (Supra) held as under:-

“11. This cannot be disputed that the candidate who

intends to participate in the selection process is always

required to furnish correct information relating to his

character and antecedents in the verification/attestation

form before and after induction into service. It is also

equally true that the person who has suppressed the

material information or has made false declaration indeed

has no unfettered right of seeking appointment or

continuity in service, but at least has a right not to be dealt

with arbitrarily and power has to be judiciously exercised

by the competent authority in a reasonable manner with

objectivity having due regard to the facts of the case on

hand. It goes without saying that the yardstick/standard

which has to be applied with regard to adjudging suitability

of the incumbent always depends upon the nature of post,

24

nature of duties, effect of suppression over suitability to be

considered by the authority on due diligence of various

aspects but no hard and fast rule of thumb can be laid down

in this regard.

13. What emerges from the exposition as laid down by this

Court is that by mere suppression of material/false

information regardless of the fact whether there is a

conviction or acquittal has been recorded, the

employee/recruit is not to be discharged/terminated

axiomatically from service just by a stroke of pen. At the

same time, the effect of suppression of material/false

information involving in a criminal case, if any, is left for

the employer to consider all the relevant facts and

circumstances available as to antecedents and keeping in

view the objective criteria and the relevant service rules

into consideration, while taking appropriate decision

regarding continuance/suitability of the employee into

service. What being noticed by this Court is that mere

suppression of material/false information in a given case

does not mean that the employer can arbitrarily

discharge/terminate the employee from service.

19. Consequently, the appeal succeeds and is allowed. The

judgment of the Division Bench of the High Court dated

17

th

November, 2015 and the order of discharge dated

24

th

April, 2015 and dated 23

rd

December, 2021 are hereby

quashed and set aside. The Respondents are directed to

reinstate the appellant in service on the post of Constable

on which he was selected pursuant to his participation in

reference to employment notice no. 1/2011 dated

27

th

February, 2011. We make it clear that the appellant

will not be entitled for the arrears of salary for the period

during which he has not served the force and at the same

time he will be entitled for all notional benefits, including

pay, seniority and other consequential benefits, etc.

25

Necessary orders shall be passed within a period of one

month from today. No costs.”

25. In Mohammed Imran vs. State of Maharashtra and Others,

(2019) 17 SCC 696, no doubt, a case where a candidate made

the disclosure of criminal case, this Court speaking through

Navin Sinha, J. made the following telling observation which

resonates with the hard realities of everyday existence :

“5. Employment opportunities are a scarce commodity in

our country. Every advertisement invites a large number of

aspirants for limited number of vacancies. But that may not

suffice to invoke sympathy for grant of relief where the

credentials of the candidate may raise serious questions

regarding suitability, irrespective of eligibility.

Undoubtedly, judicial service is very different from other

services and the yardstick of suitability that may apply to

other services, may not be the same for a judicial service.

But there cannot be any mechanical or rhetorical

incantation of moral turpitude, to deny appointment in

judicial service simplicitor. Much will depend on the facts

of a case. Every individual deserves an opportunity to

improve, learn from the past and move ahead in life by

self-improvement. To make past conduct, irrespective of

all considerations, an albatross around the neck of the

candidate, may not always constitute justice. Much will,

however depend on the fact situation of a case.”

26. We have also kept in mind the recent judgment of this Court

in Satish Chandra Yadav vs. Union of India and Others,

26

(2023) 7 SCC 530 and the broad principles set out by this

Court in para 93, especially, paras 93.1, 93.3 & 93.7. Even

the broad principles set out therein recognize that each case

should be scrutinized thoroughly by the public employer

concerned and the Court is obliged to examine whether the

procedure of enquiry adopted by the authority concerned was

fair and reasonable. Avtar Singh (Supra) in para 38.2 has

held that while passing the order of cancellation of

candidature for giving false information, the employer may

take notice of special circumstances of the case, if any, while

giving such information. Further, in para 38.4.3 of Avtar

Singh (Supra) the principle that, in case of suppression or

false information of involvement of criminal case, where

acquittal has already been recorded, the employer can still

consider all relevant facts available as to antecedents and may

take appropriate decision as to the continuance of the

employee. We have read and understood the broad principles

27

laid down in Satish Chandra Yadav (supra) with the

following crucial para in Avtar Singh (Supra):

“35. Suppression of “material” information presupposes

that what is suppressed that “matters” not every technical

or trivial matter. The employer has to act on due

consideration of rules/instructions, if any, in exercise of

powers in order to cancel candidature or for terminating

the services of employee. Though a person who has

suppressed the material information cannot claim

unfettered right for appointment or continuity in service

but he has a right not to be dealt with arbitrarily and

exercise of power has to be in reasonable manner with

objectivity having due regard to facts of cases.”

27. We have also examined the judgment in Director General of

Police, Tamilnadu, Mylapore vs. J. Raghunees, (2023) SCC

OnLine SC 1379 and we find that the case of the appellant is

more aligned with the facts in the judgment of this Court in

Pawan Kumar (supra), Sandeep (supra) and Ram Kumar

(supra). Hence, we find that the judgment in J. Raghunees

(supra) is clearly distinguishable.

28. The nature of the office, the timing and nature of the criminal

case; the overall consideration of the judgement of acquittal;

the nature of the query in the application/verification form;

28

the contents of the character verification reports; the socio

economic strata of the individual applying; the other

antecedents of the candidate; the nature of consideration and

the contents of the cancellation/termination order are some of

the crucial aspects which should enter the judicial verdict in

adjudging suitability and in determining the nature of relief

to be ordered.

29. Having discussed the legal position above, it is necessary to

set out certain special features that obtain in the case at hand.

i. The appellant hails from the small village Bagapar,

P.O. Kataura, Police Station Gauri Bazar, District

Deoria, U.P.

ii. On the date of the application, there was no

criminal case pending and there was no

suppression in the application form.

iii. The criminal case was registered when he was 21

years of age for the offences very similar to the one

29

referred to in Sandeep Kumar (supra) and even in

the criminal case he was acquitted.

iv. No doubt, the multiple columns in the verification

affidavit, questions were asked from him in

different permutations and combinations. He must

have been in a deep dilemma as there was an

imminent prospect of losing his employment.

v. Most importantly, we find from the verification

documents fairly and candidly made available by

the learned Additional Advocate General, that the

verification report after noticing the criminal case

and the subsequent acquittal stated that his

character was good, that no complaints were found

against him and that his general reputation was

good.

vi. Not stopping there, the person who visited the spot

even wished him a bright future in the report.

30

vii. The SHO, Gauri Bazar Police Station, who

forwarded the report to the Superintendent of

Police after reiterating the contents of the report

observed that he was acquitted and no appeal was

filed. Further, there was no other case pending and

nor was any case registered against the candidate.

viii. The SHO certified the character of the candidate as

excellent and that he was eligible to do

Government Service under the State Government.

He annexed the report of the Police Station as well

as the report of the Gram Pradhan and the Court

documents.

ix. The Superintendent of Police, in his letter to the

Commandant, endorsed the report and reiterated

that the character of the candidate was excellent.

x. While examining whether the procedure adopted

for enquiry by the authority was fair and

reasonable, we find that the order of cancellation of

31

12.04.2005 does not even follow the mandate

prescribed in Clause 4 of the Form of verification

of character set out in the earlier part of this

judgment. Like it was found in Ram Kumar

(supra) instead of considering whether the

appellant was suitable for appointment, the

Appointing Authority has mechanically held his

selection was irregular and illegal because the

appellant had furnished an affidavit with incorrect

facts. Hence, even applying the broad principles

set out in para 93.7 of Satish Chandra Yadav

(supra), we find that the order of cancellation dated

12.04.2005 is neither fair nor reasonable. Clause 9

of the recruitment notification has to be read in the

context of the law laid down in the cases set out

hereinabove.

30. On the facts of the case and in the backdrop of the special

circumstances set out hereinabove, where does the non-

32

disclosure of the unfortunate criminal case, (which too ended

in acquittal), stand in the scheme of things? In our opinion on

the peculiar facts of the case, we do not think it can be deemed

fatal for the appellant. Broad-brushing every non-disclosure

as a disqualification, will be unjust and the same will

tantamount to being completely oblivious to the ground

realities obtaining in this great, vast and diverse country. Each

case will depend on the facts and circumstances that prevail

thereon, and the court will have to take a holistic view, based

on objective criteria, with the available precedents serving as

a guide. It can never be a one size fits all scenario.

Relief:

31. For the reasons set out hereinabove, the appeal is allowed and

the order of the learned Single Judge and the impugned order

of the Division Bench dated 29.10.2010 in Special Appeal

No. 896/2005 are set aside. The order of 12.04.2005 of the

third respondent, Commandant 27

th

Battalion, PAC, Sitapur

33

is quashed and set aside. The respondents are directed to

appoint the appellant in service on the post of Constable for

which he was selected, pursuant to his participation in

reference to the Recruitment Notification dated 20.01.2004.

We make it clear that the appellant will not be entitled for the

arrears of salary for the period during which he has not served

the force. At the same time, we direct that the appellant will

be entitled for all notional benefits, including pay, seniority

and other consequential benefits. Necessary orders shall be

passed within a period of four weeks from today. There shall

be no order as to costs.

…....…………………J.

(J.K. Maheshwari)

…..…………………J.

(K.V. Viswanathan)

New Delhi;

February 22, 2024.