Allahabad High Court
Rajiv Kumar Singh vs Director General / R.P.F. And Others on 21 October, 2019
Author: Sudhir Agarwal
Bench: Sudhir Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD Court No. - 34 Case :- WRIT - A No. - 37611 of 2002 Petitioner :- Rajiv Kumar Singh Respondent :- Director General / R.P.F. And Others Counsel for Petitioner :- T.N. Tiwari,A. Khare,Ashok Kumar Yadav,Vijay Gautam Counsel for Respondent :- T. Verma,Anand Kumar,K.P.Singh,Kaushlesh Pratap Singh,Praveen Kumar Srivastava,R. Verma,S.C. Hon'ble Sudhir Agarwal,J.
1. Heard Sri Vinod Kumar Mishra, Advocate holding brief of Sri Vijay Gautam, learned counsel for petitioner and learned Standing Counsel.
2. This writ petition under Article 226 of Constitution of India has been filed challenging order dated 22.07.2002 passed by respondent-1, Director General/Railway Protection Force, Railway Board, New Delhi as well as order dated 31.05.2001 passed by respondent-2, Chief Security Commissioner/ Railway Protection Force, N.E. Railway, Gorakhpur and order dated 12.04.2001 passed by respondent-3, Divisional Secuirty Commissioner/Railway Protection Force, N.E. Railway, Samastipur.
3. It is contended that appointment of petitioner in Railway Protection Force has been cancelled by order dated 12.04.2001 (Annexure-8 to the writ petition) passed by Divisional Secuirty Commissioner/Railway Protection Force, N.E. Railway, Samastipur on the ground that there was a false declaration in application form and petitioner has concealed information about pendency of a criminal case i.e. Case Crime No.234 of 1993 dated 20.11.1993 under Sections 147, 148, 149, 323, 307, 504 and 506 IPC. Therefore, he was dismissed from service vide order dated 12.04.2001. Thereafter, appeal against the said order was dismissed by order dated 31.05.2001 and revision was dismissed vide order dated 22.07.2002.
4. Learned counsel for petitioner submitted that he was not aware about the pendency of any criminal case against him and, therefore, this fact was not mentioned while filling up character verification application. Hence, petitioner did not make false statement or concealed any fact.
5. Information required in the form in para-12 reads as under:
12 ¼i½ ¼d½ D;k vki dHkh fxj¶rkj gq, gSa\ ¼[k½ D;k dHkh vki dk pkyku gqvk gSa\ ¼x½ D;k vki dHkh cUnh ds :i esa j[ks x;s gSa\ ¼?k½ D;k vki dHkh ifjcfU/kr fd, x;s gSa\ ¼M+½ D;k dHkh fdlh U;k;ky; }kjk vki ij tqekZuk fd;k x;k gSa\ ¼p½ D;k dHkh fdlh U;k;ky; }kjk vfHk'kLr fd, x, gSa\ ¼N½ D;k vki fdlh fo'ofo|ky; vFkok fdlh vU; f'k{kk izkf/kdkjh@laLFkk }kjk fdlh ijh{kk ls oftZr vFkok fu"dkflr fd, x;s gSa\ ¼t½ D;k dHkh dHkh jsy vFkok yksd lsok vk;ksx }kjk bldh fdlh ijh{kk@pquko esa Hkkx ysus ls fuoftZr vk;ksX; ?kksf"kr fd; x;s gSa\ ¼>½ D;k bl lk{;adu&i= dks Hkkjrs le; vki ds fo:) fdlh U;k;ky; esa dksbZ ekeyk fopkjk/khu gSa\ ¼¥½ D;k bl lk{;a;&i= dks Hkjrs le; vki ds fo:) fdlh fo'ofo|ky; vFkok fdlh izkf/kdkjh ds ;gka laLFkk esa dksbZ ekeyk fopkjk/khu gSa\ ¼ii½ ;fn mi;qDr iz'uksa esa ls fdlh dk mRrj *gka* gks rks ml ekeys fxj¶rkjh@cUnh cuk, tkus tqekZuk vfHkf'kLr n.Mkns'k@ltk bR;kfn rFkk vFkok bl QkeZ dks Hkjrs le; U;k;ky;@fo'ofo|ky; f'k{k.k@izkf/kdkjh bR;kfn ds ;gkW fopkjk/khu ekeys dk fooj.k nsa\ 12(i) (a) Whether you have ever been arrested?
(b) Whether you have ever been challaned?
(c) Whether you have ever been detained?
(d) Whether you have ever been bound?
(e) Whether any fine has ever been imposed by court on you?
(f) Whether you have ever been convicted by any court ?
(g) Whether you have ever been forbidden or expelled from any examination by any university or any other educational authority /institution?
(h) Whether you have ever been disqualified or with-held by the Railways or the Public Service Commission from appearing in any examination/selection process conducted by them?
(I) Whether any case is pending before any court while filling this verification form?
(j) Whether any case is pending with any university or any authority of any institution while filling this verification form?
(k) If reply to any of the queries raised above is in 'yes', then kindly give the details of arrest/detention, fine, conviction / sentence/punishment etc. or of the matter pending with the court/university/educational authority etc. (English Tanslation by this Court)
6. It is contended that there is no clause in the form wherein pendency of a criminal matter has to be disclosed. It was also mentioned in Column (12) (i) that information required was whether he has ever been arrested, whether he has ever been challaned, whether he has ever been detained, whether he has ever been bound and whether he has ever been fined imposed upon him by any Court etc. Therefore, whatever information provided in the form and given by petitioner was correct. Only the FIR was registered in 1993 which was challenged by petitioner in Writ Petition No. 43732 of 1993 which was dismissed vide order dated 11.02.1997. Thereafter petitioner filed an application under Section 482 Cr.P.C. for quashing entire criminal proceedings in Case Crime No. 234 of 1993 which is pending.
7. Learned Standing Counsel submitted that petitioner has concealed the information as required by respondents, he is guilty of giving false information/declaration.
8. Learned counsel for petitioner placed reliance on Supreme Court decision in the case of Avtar Singh vs. Union of India & Ors. AIR 2016 Supreme Court 3598, wherein it has been said that there should be no suppression of clause of information.
9. Supreme Court in para-30 of judgment in Avtar Singh (supra) has said as under:
"(30) We have noticed various decisions and tried to explain and reconcile them as far as possible. In view of aforesaid discussion, we summarize our conclusion thus:
"(1) Information given to the employer by a candidate as to conviction, acquittal or arrest, or pendency of a criminal case, whether before or after entering into service must be true and there should be no suppression or false mention of required information.
(2) While passing order of termination of services or cancellation of candidature for giving false information, the employer may take notice of special circumstances of the case, if any, while giving such information.
(3) The employer shall take into consideration the Government orders/instructions/rules, applicable to the employee, at the time of taking the decision.
(4) In case there is suppression or false information of involvement in a criminal case where conviction or acquittal had already been recorded before filling of the application/verification form and such fact later comes to knowledge of employer, any of the following recourse appropriate to the case may be adopted : -
(a) In a case trivial in nature in which conviction had been recorded, such as shouting slogans at young age or for a petty offence which if disclosed would not have rendered an incumbent unfit for post in question, the employer may, in its discretion, ignore such suppression of fact or false information by condoning the lapse.
(b) Where conviction has been recorded in case which is not trivial in nature, employer may cancel candidature or terminate services of the employee.
(c) If acquittal had already been recorded in a case involving moral turpitude or offence of heinous/serious nature, on technical ground and it is not a case of clean acquittal, or benefit of reasonable doubt has been given, the employer may consider all relevant facts available as to antecedents, and may take appropriate decision as to the continuance of the employee.
(5) In a case where the employee has made declaration truthfully of a concluded criminal case, the employer still has the right to consider antecedents, and cannot be compelled to appoint the candidate.
(6) In case when fact has been truthfully declared in character verification form regarding pendency of a criminal case of trivial nature, employer, in facts and circumstances of the case, in its discretion may appoint the candidate subject to decision of such case.
(7) In a case of deliberate suppression of fact with respect to multiple pending cases such false information by itself will assume significance and an employer may pass appropriate order cancelling candidature or terminating services as appointment of a person against whom multiple criminal cases were pending may not be proper.
(8) If criminal case was pending but not known to the candidate at the time of filling the form, still it may have adverse impact and the appointing authority would take decision after considering the seriousness of the crime.
(9) In case the employee is confirmed in service, holding Departmental enquiry would be necessary before passing order of termination/removal or dismissal on the ground of suppression or submitting false information in verification form.
(10) For determining suppression or false information attestation/verification form has to be specific, not vague. Only such information which was required to be specifically mentioned has to be disclosed. If information not asked for but is relevant comes to knowledge of the employer the same can be considered in an objective manner while addressing the question of fitness. However, in such cases action cannot be taken on basis of suppression or submitting false information as to a fact which was not even asked for.
(11) Before a person is held guilty of suppressio veri or suggestio falsi, knowledge of the fact must be attributable to him."
(Emphasis added)
10. Whatever information was required was given correctly by petitioner. Information with regard to pendency of criminal proceedings was not required. Thereafter there was no occasion for petitioner to give any such information. Petitioner was not asked for any particular/specific information about pendency of criminal case, thus para 30(10) of the above judgment in Avtar Singh (supra) would clearly be attracted and it would justify cancellation of impugned orders. As already said, information is required in the application form was furnished by petitioner.
12. In view of the above, impugned orders are not sustainable. In the result, writ petition succeeds and is allowed. Impugned orders dated 22.07.2002, 31.05.2001 and 12.04.2001 are set aside.
Order Date :- 21.10.2019 Ashish Pd.