Amit Suresh Bhalerao v. Union Of India Through The Secretary And ANR.

skn 1 14-WP-14271.2017.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE WRIT PETITION NO. 14271 OF 2017 Amit Suresh Bhalerao.

...

Petitioner.

V/s.

Union of India and another.

...

Respondents.

Mr.Kamlesh P. Mali for the Petitioner.

Mr.Yogeshwar S. Bhate for the Respondents.

CORAM :

NITIN JAMDAR, AND MANJUSHA DESHPANDE, JJ.

DATE :

1 November 2023.

P.C. :

Heard the learned counsel for the parties.

2.

The Petitioner has challenged the order passed by the Central Administrative Tribunal dated 28 July 2016 in Original Application No.423/2016. The Petitioner filed Original Application in the Tribunal which is dismissed by the Tribunal in the following circumstances.

3.

The Petitioner had applied pursuant to the advertisement issued for filling up the post of Watchman. He appeared for written test and, according to the Petitioner, on 19 April

skn 2 14-WP-14271.2017.doc 2012 he was informed that he was likely to be selected for the post of Watchman and that he should produce necessary documents. There was a clause to the attestation form wherein the Petitioner had to inform regarding a criminal case, if any.

4.

On 7 November 2012, the Petitioner received a show cause notice that he has not furnished information regarding a criminal case in which he was arrested and released on bail on 17 October 2002. Thereafter, proceeding on the basis that the Petitioner had not provided information as sought for regarding the criminal case, the impugned order came to be passed refusing to give appointment to the Petitioner and cancelling his candidature. 5.

The Tribunal noted that the Petitioner did give necessary information and suppressed the same. The law in respect of this obligation to provide necessary information regarding the criminal case while applying for public service is now settled and such a suppression would dis-entitle the candidate from getting appointment.

6.

Furthermore, we are informed that the Petitioner is no more. The selection process is of the year 2012. 7.

There is no merit in the petition. Even otherwise, the petition itself has abated. Writ petition is disposed of accordingly. (MANJUSHA DESHPANDE, J.) (NITIN JAMDAR, J.)