Allahabad High Court
Nagendra Prasad vs Ragistrar General Hon Ble High Court Of ... on 14 October, 2020
Author: Saral Srivastava
Bench: Saral Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 80 Case :- WRIT - A No. - 8423 of 2020 Petitioner :- Nagendra Prasad Respondent :- Ragistrar General Hon Ble High Court Of Judicature At Allahabad Counsel for Petitioner :- Manish Kumar Pandey,Avanindra Kumar Mishra Counsel for Respondent :- Ashish Mishra Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioner and Ms. Bushra Maryam, learned counsel for the respondent.
The petitioner by means of the present writ petition has assailed the order dated 10.12.2019 passed by respondent no.2-District Judge, Banda by which the candidature of the petitioner for the post of 'Orderly' has been cancelled on the ground that he has concealed the information that on the date of submission of the application form, no criminal case was pending against him.
Pursuant to advertisement published in the year 2017 for recruitment on the post of Class-III/Class-IV, the petitioner has submitted application for being considered for appointment on the post of Class-III/ Class-IV in the year 2017, and in the column regarding pendency of any criminal case, he has stated 'No'. The petitioner was selected. On verification of petitioner's antecedents, it was found that a Criminal Case No.3335 of 2016 (State vs. Munna Bharti), under Sections 147, 323, 504 and 506 I.P.C., Police Station Ubhaon, District Ballia is pending against him on the date of submission of application form.
Consequent upon revelation of such fact, a show cause notice dated 15.05.2019 was issued by the District Judge Banda to the petitioner asking him to show cause as to why his candidature may not be cancelled as Criminal Case No.3335 of 2016 was pending against him.
Pursuant to the aforesaid notice, the petitioner submitted reply in which he has stated that he has been acquitted in the Criminal Case No.3335 of 2016 (State vs. Munna Bharti), under Sections 147, 323, 504 and 506 IPC, Police Station Ubhaon, District Ballia on 14.03.2019. The District Judge Banda being not satisfied with the reply of the petitioner passed an order on 10.12.2019 cancelling the candidature of the petitioner.
Challenging the aforesaid judgment, learned counsel for the petitioner has contended that non disclosure of criminal case is not material and relevant and cannot amount to concealment of fact inasmuch as the petitioner has been acquitted in Criminal Case No.3335 of 2016 by the judgment and order dated 14.03.2019 passed by Judicial Magistrate-I, Ballia. Thus, he submits that acquittal of the petitioner in the said case implies that there was no criminal case against the petitioner on the date of submission of application submitted by him for consideration on the post of Class-IV employee. He further placed reliance upon paragraph nos.26 and 27 of the judgment of Apex Court passed in the case of Avtar Singh vs. Union of India & Others decide on 21.07.2016.
Per contra, Ms. Bushra Maryam, learned counsel for the respondent submits that on the date of submission of application, there was criminal case pending against the petitioner and despite having knowledge about the pendency of the criminal case, the petitioner has stated 'No' in the column regarding pendency of any criminal case in the application form. She further placed reliance upon a declaration given by the petitioner that all the information given in the form are true and correct. She further submits that the petitioner has been acquitted by the judgment and order dated 14.03.2019, and therefore, on the date of submission of application form, a criminal case was pending against the petitioner and in this view of the fact the declaration given by the petitioner in the application form was false and this clearly reflects upon the character and conduct of the petitioner which disentitles him from being appointed as Class-IV employee. Thus, she submits that the judgment of the Apex Court in the case of Avtar Singh (supra) is not applicable in the facts and circumstances of the present case.
I have heard the rival submissions of the parties and perused the record.
It is not in dispute that on the date of submission of application form, Criminal Case No.3335 of 2016 (State vs. Munna Bharti), under Sections 147, 323, 504 and 506 IPC, Police Station Ubhaon, District Ballia was pending against the petitioner, and the petitioner had knowledge about the pendency of the said criminal case. Despite the knowledge of the pendency of the criminal case, the petitioner has chosen to fill the column regarding the pendency of any criminal case against him by stating 'No'.
The petitioner has given declaration in the form that all the information given in the form are true and correct to the best of knowledge of the petitioner. It is also not disputed that the petitioner had been acquitted by the judgement and order dated 14.03.2019 subsequent to the date of declaration of result as which is evident from the fact that the petitioner was asked by letter dated 31.01.2019 for verification of his credentials. Thus, it is evident that even verification of the credentials of the petitioner was done prior to the judgment in Criminal Case No.5553 of 2016 (supra), in which the petitioner was acquitted. Thus, the petitioner has deliberately not given true facts in the application form and non submission of such information clearly reflects upon conduct and character of the petitioner, therefore, the petitioner cannot take advantage of the judgment of the Apex Court in the case of Avtar Singh (supra).
Thus, for the reasons given above, the writ petition lacks merit and is accordingly, dismissed.
Order Date :- 14.10.2020 Ravi Kant