Union Of India And Others v. Ajit Singh
!
""## $!% &'(
)" ! !
!%*+, ! ""##
!
)&,+, ! !"
---- +.
/ !%( ""#%!#%0! 1%!+ ""## 2(!! &%(34
"56#!'(#.%( 1%!178 9:: 9; !56#!'(#.%( !3!!< =%! < =%!<!""##! !";!"!!,; >%#5
/ 5! 3!(( !3 !! ; ! !6 ! &% "! ""# ! !";#1!#)!,#?! 1)?
15#@A%(#! 6! ;"%!!( )!%/!(1!1)?83% / !" ;##*!%"1!+1)?+.# ! %&5%! A#1)?
/ !",!!## 1)? < ,!5!!+"!%+2" %!56 1%!#;!6 " 3 ! 1)? !"#%3 !# 8 ; !!>%!#5% !3# 1#%38 #(; !"#6 !" !"!%5#; (a) Have you ever been arrested, prosecuted, kept under detention or bound down/fined, convicted, by a court of law for any offence or debarred/disqualified by any Public Service Commission from appearing at its examination/selections, or debarred from taking any examination/rusticated by any university or any other education authority/ Institutions ?
(b) Is any case pending against you in any court of law, University or any other education authority/ institution at the time of filing up this Verification Roll? If answer to (a) or (b) is 'Yes", then give details of prosecution, arrest, detention, fine, conviction and punishment etc. and state about the case pending with the court/University/education authority at the time of filling in this form.
4 / ""## !3 !"! < :
!
(!+ !(! !"! 9 '%"!#+ !(! 3! !# "( ( !" ; !! !! !#5#
/ ""## !3 )%# 1!# 1,# '!, /3"!!6'!,)%#+ 9 ! !B 9)%#B %! (%!133+%!" !3 < =%! / !" ,!"!9 %53 ; ! 5#( ,!6 "! 3#6 ! #( !%((# !;!2 ( "!3"#63; ,!6 "!% 33!%!! 5 3#6 C ##6 5 3"# ? ) 8 < < :
%! ' <:@<@44@4<@4@49@<@ 9 1 / ? );!(! 5###( !, 3; ##( ;!(!; 3#&%,#, 3 !3# 8="#; ,! 5%( !3 3 !(!( !%3; (,#! !; !3# ( 3 / !3 ; % (!(""!%6 !(,#"!"#%!# &% )%# 9)%#! !6!!! %! 5.
<
(1) (a) The services of a temporary Government servant shall be liable to termination at any time by a notice in writing given either by the Government servant to the appointing authority or by the appointing authority to the Government servant;
(b) the period of such notice shall be one month.
Provided that the services of any such Government servant may be terminated forthwith and on such termination, the Government servant shall be entitled to claim a sum equivalent to the amount of his pay plus allowances for the period of the notice at the same rates at which he was drawing them immediately before the termination of his services, or as the case may be, for the period by which such notice falls short of one month.
NOTE:4 The following procedure shall be adopted by the appointing authority while serving notice on such Government servant under clause (a).
(i) The notice shall be delivered or tendered to the Government servant in person.
(ii) Where personal service is not practicable, the notice shall be served on such Government servant by registered post, acknowledgement due at the address of the Government servant available with the appointing authority.
(iii) If the notice sent by registered post is returned unserved it shall be published in the
Official Gazette and upon such publication, it shall be deemed to have been personally served on such Government servant on the date it was published in the Official Gazette. <
/ ""## , !! <
=%! < !3 !" ; (, 3 ! !3 !, !(#6 !, ! !3 / !" #( !! < "56133*!%"1!+1)?+&! "!!!""#5!""##% !6; 35 3 56 "! *!# # , !! 4
/ "# ! ,( ! ? ) %53!"!%!'41!
/ !"%!
! ' 1 ; !( , !! < 4"56#!.%# (! 1#+8!%# C;,!+#!1 .%# (!+8!%#,!! 9 >% !" ! 1 .%#
(! # !!,!# 2 !3%! "!%; !! 5#; ! "!%
/ !" !%( %#!,#(# %""! ""##; !56""## ;!##%" !,2!3!!""##!! ! !" ; ## >%# 5 ;
< #(#+;"% !"
9 5 !3 (! ,# !# 4 1% ;## "!"# %!# &% !" ; ,! !, %" !( 5 !3; %%(>%!6(!(""!%6 "!# !( / !" 3##(; &% 6!# ;##63"#!? ) #!!#1%! >% !" / !" !# %" &%(3 CB5# '%"!3 1%!
!"##$% &%% ; ! '%"!31%! %" # # C( 1%! #( 3!""! %#5 !!3"!5!( 3!3### #
/ !" #( ((!, !3 ! !3 !! ""## >% !3 #(#+"!!!,#;!"8 9:: 95! 1%!; 3%"!!5!#!'(#.%( ; ,3"%(!!4
##; ;!" !" !'(#.%( # (!3 ; 5!,,A # C( 1%!' (
)*
!"#" +$ )) $#""+ !'(#.%(!3!! < + < ""##!! 4 !""##! ;!"!!,; >%#5
:
/ ""## "!!!"!""#
%!1#%0! 1%!+2(( &%(34
"56#!'(#.%( 1%! !%#! ""##%53 #! '(#.%( ;!(#6"#!#%" &%(3 ,A # C( 1%!)*
, $ 5%%#56CB5#'%"!31%! (
-. /
!"#"$#% #"0 /
-
( !""1$#+ #!2CB5#'%"!31%!5 #!#6 # ##"66!3# ""#!3# 32(!!%3 %!, !,!#5#5!3 ,A 1%!3#!#2!"!"#D45 ) 6
E
!+"+!"!!,#,(#% %" #&%(3"56 #!'(#.%(; ;!#%"56 ""## C %! ! !" ,!!##;!>%! # 5% "6 ? ) !! ; ! # !(!!? ) !!
"!&%(3CB5#'%"!31%!+ !" 5"!3%!,#!'(#.%( ;!(#6!#%",A CB5#C( 1%! (! &%(3CB5#'%"!31%!
!!+#!%#! !"%53
: !";&% 6!# 3!(! !? ) ;;!(#63"#; ,!3 5 >% 56 #! 1 .%#
(! C " % !6 C3 ! !3%#"#6 ; !56(%# ,5 #;!!(!""3 1!# !3 # ?! ( ; 3 !3# ! "( 3!!%3 / !"!,"! "#6 "!, ## 5 5!! ? ) 5 !(!@ %! ,( !( ,5!3 !? )! 3"#61%!#;
"!+ !( ;!!3,!!3!,+ %+!" %! 56 "#6 !6 C3 ! / !!
,! !"! < 9 3 "! ; ##6 3"# ! ? ) ( ; % ( "!%!(!# 5>%!3## !( / % ! ,"!3!!; % 3"#3!#4 1% / !";,!(!""!%6, "% !%3%!; ? );!(!; 6 ## ,!!## / % ! ,"!!(!,##6!#4 1% ;## "!"#%!#&% / %+ !3!";(!,#!#4
1% #!'(#.%( !( #6 !3!!
7 ,"!% !! !!(%3 5
/ "3!((!3!! !";! "! ; "" 15# !3 #?! 1)?
/ !""!!""3; !>%! ## ,! !## 1)? ; %!6 %! ,!!##+ !"!%#!#%3 ; !>%!# !3# / !"!"#6#%38 ,!!### ;,!!!!"!%"(( 361%!#;; !? )< :
;"( ( !" ;!! ? ) !"! ; !, !3 ! (!+ !(! '%"!#+ !(! ; , !#! < :
9 !",#63 ? )8 < < :
;!(!( !"!# "(9 ;#!3 !"; !! :
!#5#:
/ !";!,!3!!!3)%# 1!# 1,#'!, /3"!!6'!,)%# 9; ; ##;56#!3!! < / !" # ""# 5! ""## % !6 ; 3 5 3,!!9 !!#1%!!3
!( ( !"+ ;,!+ !" ; >% !3 ## !( / ;! "!!" # 17 8 9:: 95! 1%! < 9; 35 ##;,3"%(&%(34
/ !" ;>%,!! 9;!";# !>%#!3## !(
4
3!!&%(3
. /
!"!! 7 #0""+;&%( 5 CB5# '%"!3 1%!+ ! !( !#! &%(3 %+ %" # !3""## (!% ; #!#,!3; ###( ,!!3+ %+%5>%>%#!!#, / 1%! %! ! # 3"#6; %!"!5 ,!(, ,!!##+% (,;!;!(+ *,!3#5!6"; !, 3"#6 >% (3 "# >% (! "
. , $ CB5#1%! # ; #"+##(/ !#,"!(!" &%(3!
5. The facts giving rise to this appeal may be summarised as under:
5.1 The appellant herein was serving as a Constable (General Duty) with the CRPF. He was recruited as a temporary employee of the post of Constable (GD) in the CRPF on 28.07.2014. After undergoing the basic
training, he reported at the 179th Battalion on 17.12.2015.
5.2 While filling up the requisite verification Form-25 at the time of his recruitment in the CRPF in Column 12 in response to the question whether any case was pending against him, the appellant answered in the negative.
X X X X
48. This Court in the case of ( - . /
7 , <'11 4;; 3#!% ; !1)?!%"%""! 3!#;!3!3 !,
/ 1%! ; # !!!( "!,% +%33! "##; "14. D The purpose of seeking the said information is to ascertain the character and antecedents of the candidate so as to assess his suitability for the post. Therefore, the candidate will have to answer the questions in these columns truthfully and fully and any misrepresentation or suppression or false statement therein, by itself would demonstrate a conduct or character unbefitting for a uniformed security service."
15. When an employee or a prospective employee declares in a verification form, answers to the queries relating to character and antecedents, the verification thereof can therefore lead to
any of the following consequences:
(a) If the declarant has answered the questions in the affirmative and furnished the details of any criminal case (wherein he was convicted or acquitted by giving benefit of doubt for want of evidence), the employer may refuse to offer him employment (or if already employed on probation, discharge him from service), if he is found to be unfit having regard to the nature and gravity of the offence/crime in which he was involved.
(b) On the other hand, if the employer finds that the criminal case disclosed by the declarant related to offences which were technical, or of a nature that would not affect the declarant's fitness for employment, or where the declarant had been honourably acquitted and exonerated, the employer may ignore the fact that the declarant had been prosecuted in a criminal case and proceed to appoint him or continue him in employment.
(c) Where the declarant has answered the questions in the negative and on verification it is found that the answers were false, the employer may refuse to employ the declarant (or discharge him, if already employed), even if the declarant had been cleared of the charges or is acquitted. This is because when there is suppression or non4disclosure of material information bearing on his character, that itself becomes a reason for not employing the declarant.
(d) Where the attestation form or verification
4 form does not contain proper or adequate queries requiring the declarant to disclose his involvement in any criminal proceedings, or where the candidate was unaware of initiation of criminal proceedings when he gave the declarations in the verification roll/attestation form, then the candidate cannot be found fault with, for not furnishing the relevant information. But if the employer by other means (say police verification or complaints etc.) learns about the involvement of the declarant, the employer can have recourse to courses (a) or (b) above.
16. Thus an employee on probation can be discharged from service or a prospective employee may be refused employment:
(i) on the ground of unsatisfactory antecedents and character, disclosed from his conviction in a criminal case, or his involvement in a criminal offence (even if he was acquitted on technical grounds or by giving benefit of doubt) or other conduct (like copying in examination) or rustication or suspension or debarment from college etc.;
and (ii) on the ground of suppression of material information or making false statement in reply to queries relating to prosecution or conviction for a criminal offence (even if he was ultimately acquitted in the criminal case).
This ground is distinct from the ground of previous antecedents and character, as it shows a current dubious conduct and
< absence of character at the time of making the declaration, thereby making him unsuitable for the post."
49. This Court in the aforesaid case while deliberating on the very same questions as were asked in the verification Form from the appellant in the present case, held that:
"24. We are satisfied that the appellant had knowingly made a false statement that he was not prosecuted in any criminal case. Therefore, the employer (CRPF) was justified in dispensing with his services for not being truthful in giving material information regarding his antecedents which were relevant for employment in a uniformed service, and that itself justified his discharge from service. Consequently, we dismiss this appeal as having no merit."
X X X X X X
77. Indisputably, Satish Chandra Yadav was still under probation at the time, his services had been terminated. It is also apparent from the record that Satish Chandra Yadav had been given appointment on probation subject to the verification of facts given in the verification Form. To our mind, therefore, if an enquiry revealed that the facts given were wrong, the respondent herein was at liberty to dispense with the services of the appellant Satish Chandra Yadav as the question of any stigma and penal consequences at this stage would not arise. It bears repetition that what
has led to the termination of the services of the appellant Satish Chandra Yadav is not his involvement in the criminal case which was then pending, and in which he had been acquitted subsequently but the fact that he had withheld relevant information while filling in the verification Form. He could be said to have exhibited or displayed such a tendency which shook the confidence of the respondent.
<
+ !";"" !3#?! / !""!)%#;!>%! #,!!##; ! ;5%# !3# / ,!!##F(# ;##C #(%( ,(! !" / %+ 56 #3 #2 2;#(#(%( "!+ !" 2(1#%38 C; #3 5632!5%(!+ # !(! ? ) / !" ; !! :
!!!#5#:
; ! ,!!##;## < ; !? ) ;!(! 52+; ;%;!5% ? ) 3#(""#!3 %!! !!!# 5#+ !"; ,!6 3% ;! 5%"6!#( 3 / !";2( &5"#!3#?!+ %+ ;%65% #5%"6!3#( 3 / ? )+ ##( ! ( !"
9 ,#,3;!!#, / %,#, ; !
!" ; ,#, !% ! !,# !3# ; ! %,#,#%!@#%!3!6 !>%!3 / !" 3#6 # # "6!3#!#( 3;## !! ! !6C3!B#6 ! 2 Accordingly, the matter has been considered in this Ministry in consultation with CAPFs, and it has been decided as follows :
I. A candidate is required to declare in the application form, whether he has been arrested, prosecuted or convicted by a court for any criminal offence. If a candidate does not disclose the fact of 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, during medical examination as well as in the application form, during medical examination as well as in the attestation/verification form and the fact subsequently comes to the notice of recruiting authorities/ is found out from the verification report received from the District authorities or otherwise, his candidature/ appointment will be cancelled. However, in case the candidate has already been appointed while cancelling/terminating the appointment, the principle of natural justice shall be followed and opportunity of being
heard would be accorded to the candidate.
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 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 Annexure4A.
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 Act/ any similar legislation, and the same in confirmed by the Reviewing Authority.
d) Such involvement/ case/ arrest is concerned 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 cases, 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 mentioned in Annexure4B or those mentioned in Chapter VIII & X of Code of Criminal Procedure, 1973.
IV. Where a candidate has been convicted and awarded a jail4term of more than xxx (illegible) he/she will generally not be considered suitable for appointment in CAPF.
V. Notwithstanding the provisions of S(lIl) above, such candidates against whom charge sheet in a criminal case has been filed in the court and the charges fall in the category of serious offences or moral turpitude, though later on acquitted by extending, benefit of doubt or acquitted for the reasons that the witness have turned hostile due to fear of reprisal by the accused person(s), he/ she will generally not be
considered suitable for appointment in the CAPF. The details of crimes which are serious offences or involve moral turpitude are at Annexure 'A'. However,cases in which the criminal court while acquitted has categorically mentioned that the criminal case would not be a xxx (illegible) appointment in Government Service, the candidate shall be considered for appointment in the concerned CAPF.
Vl. Involvement in minor offences traffic violations, juvenile in conflict with law (tried in open courts/ juvenile justice boards) and accident cases will not debar an individual for appointment in CAPFs & ARs, provided that appointments for the post of driver and those related to driving will not be offered to the individuals, punished for serious traffic offences.
Vll. If a candidate is discharged by extending the benefit under the Probation of Offender Act, 1958, the name of such candidate shall be put up for consideration of the selection committee constituted by the DGs of CAPFs & ARs from time to time assessing his/ her suitability for appointment in the concerned department.
Thus non4compliance of Article 311(2) especially when respondent was under probation and concededly facing trial at the time of filing form which he failed to disclose, was not fatal to entire exercise carried out by Appellant.
/ (%# !6C3!+!#%"56 !"3! !%5%!"; !3%!##(? )!( !# "!!"!3( !(; ! ;!3 5% #"6!#;## !! ,! !## / ""##+ !" ; %! "!5+ ,; !&%(3 CB5# '%"!3 1%!+;5%##; "!%!3"#56!# 4 1% / )";= ""!%6"%! 56;63 ;## ""!%6#""#; !"%%%##6,#
8!3!3)%# 9)%###;56 "!"!""!%6, +""##(+; %3"#"!"#%!#&% / !3 !!>%!(3%!+ %3"# !#4 "##6; !";%!"!5 #6(!# 3#(!3 ,(# # !%#+;# !=!!! %56""##
,; ! ! &%(3 CB5# '%"!31%!
. , $; >%!#6""#5# "!+;!#; " =" 3"%(&%(3 4
"56#!'(#.%( 1%!178 9:: 9 !(#6+ 3"%(&%(34
"
56#!'(#.%(""#""## ##;
anju 7 !"2(@! G Whether Reportable Yes