Madhya Pradesh High Court
Mukesh Ahirwar vs The State Of Madhya Pradesh on 12 June, 2023
Author: Sanjay Dwivedi
Bench: Sanjay Dwivedi
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE SANJAY DWIVEDI
ON THE 12TH OF JUNE, 2023
W.P. No.5243 of 2018
BETWEEN:-
MUKESH AHIRWAR S/O LATE SHRI KRISHNA KUMAR
AHIRWAR, AGED ABOUT 27 YEARS, OCCUPATION -
UNMPLOYED, R/O REJENDRA NAGAR, BEHIND OF
POLICE STATION KUNDIPURA SUKLU DHANA, WARD
NO. 17, CHHINDWADA, DISTRICT CHHINDWADA
(M.P.)
......PETITIONER
(BY MS. GAYATRI LADHIYA- ADVOCATE)
AND
1. STATE OF M.P., THROUGH SECRETARY,
KUTEER AND GRAMODHOG
DEPARTMENT, BALLABH BHAWAN,
MANTRALAYA, BHOPAL (M.P.)
2. MANAGING DIRECTOR, M.P. KHADI
TATHA GRAMODHOG BOARD, 74, ARERA
HILLS, BHOPAL (M.P.)
3. ADDITIONAL DIRECTOR
(ESTABLISHMENT) M.P. KHADI TATHA
GRAMODHOG BOARD, 74, ARERA HILLS,
BHOPAL (M.P.)
4. ADDITIONAL DIRECTOR, KAMBLE
UTPADAN KENDRA, PARADSINGA,
CHINDWADA, DISTRICT CHINDWADA
(M.P.)
......RESPONDENTS
(SHRI L.A.S. BAGHEL - GOVERNMENT ADVOCATE FOR RESPONDENT
NO.1/STATE)
2
(SHRI VIKRAM SINGH - ADVOCATE FOR RESPONDENT NOS.2 & 3.)
................................................................................................................................................
Reserved on : 03.05.2023
Pronounced on : 12.06.2023
................................................................................................................................................
This petition having been heard and reserved for orders,
coming on for pronouncement this day, the Court pronounced the
following:
ORDER
Pleadings are complete. At the request made by the counsel for petitioner for hearing the matter finally, since the other side is also agreed to argue the matter finally, therefore, it is finally heard.
2. This petition is filed under Article 226 of the Constitution of India questioning the legality, validity and propriety of order dated 25.11.2016 (Annexure-P/5) whereby the services of the petitioner have been terminated by the respondents on the ground that the petitioner was granted compassionate appointment and he in compliance of the same submitted character verification form i.e. Anneuxre-P/4 in which at column No.12 he has suppressed the material information with regard to criminal cases faced by him.
3. Initially the petitioner was granted compassionate appointment vide order dated 11.01.2008 for a period of two years on probation on the post of Peon on a scale of Rs.4440-7440+Grade Pay Rs.1300/-. Thereafter, vide order dated 06.11.2015 (Annexure-P/3), his services was again extended on the post of Peon on probation for a period of two years. The order of appointment contained the conditions of appointment. The petitioner submitted character verification form in which at column No.12 which deals with the past criminal conduct of the employee and information sought therein in which the petitioner has suppressed the material information about criminal cases faced by him, therefore, after coming to know about the fact that the petitioner faced 3 three criminal cases which were registered vide Crime No.455/2013 under Sections 279, 337 and 338 of the Indian Penal Code and Sections 183, 194, 39/19, 46/192 of the Motor Vehicles Act in which vide order dated 16.12.2013, the petitioner was fined with Rs.700/-, Crime No.152/2004 under Sections 294, 323, 324 and 34 of IPC which got compromised on 22.06.2005 and on the basis of which the petitioner was acquitted and Crime No.163/2011 under Sections 354 and 456 of IPC in which vide order dated 01.02.2014, the petitioner was acquitted giving benefit of doubt, the order of termination has been passed by the authority.
4. Learned counsel appearing for the petitioner submits that since the petitioner before submitting the character verification form i.e. on 13.01.2016, had already been acquitted in all those cases, therefore, under misconception, he has not disclosed the said fact. She submits that the Supreme Court in case of Vikram Singh v. The commissioner of Police reported in 2017(III) MPWN 124 and subsequently this Court in a case reported in 2017(I) MPWN 22 parties being Ankur Chourasia v. M.P. Poorv Kshetra Vidyut Vitran Co. Ltd. and others, remitted the matter to the authority for reconsidering the claim of the petitioners therein.
5. Reply has been submitted by the respondents stating therein that when the petitioner did not disclose the fact about his criminal antecedents, termination is automatic. The Supreme Court and even the High Court constantly taking view of suppression of material information not disclosing the criminal antecedents faced by the employee in character verification form, held that the termination is inevitable and proper.
46. Considering the submissions made by the counsel for the parties and perusal of record, undisputably, three cases which were registered against the petitioner concluded before submitting the character verification form and the offences registered were not very heinous in nature, therefore, in view of the judgment of the Supreme Court and also of the High Court, I am disposing of this petition directing the authority to consider the pending representation of the petitioner because the Supreme Court has observed that under such a situation, looking to the seriousness of offence, if the authority thinks fit to consider the claim of the petitioner may ignore the said aspect, it is purely within the domain of employer.
7. The High Court taking note of the judgment of the Supreme Court, in case of Ankur Chourasia (supra) has observed as under :-
"6. The judgment of Ravindra Kumar (supra), shows that it is solely based on the recent judgment of the Supreme Court in the case of Avtar Singh (supra). The Gwalior Bench after considering various judgments which were considered in the case of Avtar Singh (supra), and the judgment of Avtar Singh, opined as under :
"12. Since in the Larger Bench decision of the apex Court in Avtar Singh case (supra), the employer has been given discretion to consider the suitability of the candidate who has been acquitted in criminal case prior to his selection for appointment and has made truthful declaration, this court is left with no other option but to relegate the matter to employer for re-consideration." [Emphasis Supplied]"
7. A plain reading of this judgment shows that in the said case before the Gwalior Bench, the petitioner was acquitted honourably whereas in the present case, the petitioner was held guilty. However, as held in Avtar Singh (supra), it is for the employer to decide whether the criminal case was trivial in nature and whether it will render the incumbent unsuitable for the post in question. The employer may in its discretion ignore such suppression of fact or false information by condoning the lapse.
8. In view of the principle laid own in Avtar Singh (supra), 5 I deem it proper to remit the matter back for reconsideration before the employer. The employer shall reconsider the aspect of suppression of fact in the light of judgment of Avtar Singh (supra), and take a fresh decision in accordance with law without getting mechanically influenced by its earlier order. The respondents shall take a fresh decision in accordance with law within 60 days from the date of communication of this order.
9. Petition is disposed of."
8. Although, it is made clear that the direction made to the authority for deciding the representation would not allow the petitioner to be reinstated during that period, but the decision has to be taken by the authority within a period of three months from the date of submitting a copy of this order.
9. It is further made clear that this Court has not expressed any opinion on the merits of the case. It is for the authority to consider the representation of the petitioner and pass an appropriate order thereon making it clear that the authority should consider the gravity of offence and the fact that the petitioner is working on the post of Peon, acquitted in all the offences before submitting the character verification form.
10. With the aforesaid, this petition is disposed of.
(SANJAY DWIVEDI) JUDGE ac/-
ANIL CHOUDHARY 2023.06.14 11:07:24 +05'30'