The Superintendent Of Police, Nellore. v. Sri Krishnaiah, S/O. S. Ramauiah,

THE HON'BLE SRI JUSTI CE SANJAY KUMAR AND THE HON'BLE SRI JUSTI CE M. SEETHARAMA MURTI WRI T PETI TI ON No.5388 of 2004 ORDER: (Per Hon'ble Sri Justice Sanjay Kumar) The State and its officials filed this writ petition aggrieved by the order dated 17.09.2003 passed by the Andhra Pradesh Administrative Tribunal, Hyderabad, in O.A.No.3617 of 2002. By the said order, the Tribunal directed the petitioners, the respondents in the O.A., to consider the case of the respondent/applicant for promotion to the post of Stipendiary Cadet Trainee Police Constable (Civil) pursuant to the notification dated 05.11.1999, if he was otherwise eligible as per the merit list.

By order dated 02.04.2004, this Court granted interim suspension of the order of the Tribunal.

Despite service of notice, the respondent/applicant did not choose to enter appearance before this Court either in person or through learned counsel.

Perusal of the order passed by the Tribunal reflects that the respondent/applicant admittedly suppressed information as to his involvement in a criminal case while applying for the subject post in a uniformed service. Merely because he was acquitted in the said case, it would not absolve the respondent/applicant of the duty of disclosing the factum of his involvement in the said case. Trite to state, the level of discipline to be maintained in a uniformed service would require candidates of the highest integrity and once the candidate aspiring for such a post fails to meet such a standard at the threshold, rejection of his candidature on that ground would not warrant interference.

We therefore set aside the order dated 17.09.2003 passed by the Tribunal in O.A.No.3617 of 2002. The writ petition is allowed. Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs. _______________ SANJAY KUMAR, J ____________________ M. SEETHARAMA MURTI , J 8th September, 2016 IBL