Central Administrative Tribunal - Kolkata
Sushanta Hawlader vs Police on 24 July, 2025
1 O.A. 351/604/2025
CENTRAL ADMINISTRATIVE TRIBUNAL
KOLKATA BENCH
(CIRCUIT AT PORT BLAIR)
O.A. 351/604/2025 Date of Order: 24.07.2025
Present: Hon'ble Smt. Urmita Datta (Sen), Judicial Member
Hon'ble Mr. Suchitto Kumar Das, Administrative Member
Sushanta Hawlader, S/o Tarak Hawlader, R/o
Brichgunj, Under Sri Vijaya Puram Tehsil -
744103, South Andaman District Phone
9531828136 Email:
[email protected]
..........Applicant
Versus
1. The Union of India, Service Through the
Secretary Ministry of Home Affairs New
Delhi-110011
2. The Hon'ble Lt. Governor Raj Niwas, Port
Blair-744101
3. The Superintendent of Police (HQ), Police
Head Quarter, Sri Vijaya Puram
4. The A & N Administration through the Chief
Secretary, A&N Administration, Port Blair -
744101
...Respondents
Digitally signed by Dhrubajyoti banerjee
DN: C=IN, O=Personal, T=4175, OID.2.5.4.65=1335885743022601584xv4l838ygvJ5Z, Phone=
90ed2697919465890397c0e615eece98d6903a5f70d28686aacddcc72088fbe2, PostalCode=713409, S=West
Dhrubajyoti banerjee Bengal, SERIALNUMBER=3c1d4e3f19f312d282cb79397110e181e5ebdbf76bd6fbc3fbfbb1822c0f4c19, CN=
Dhrubajyoti banerjee
Reason: I am the author of this document
Location:
Date: 2025.07.25 18:28:03+05'30'
Foxit PDF Reader Version: 2025.1.0
2 O.A. 351/604/2025
For the Applicant: Md. Tabraiz ; Counsel
For the Respondents: Dr. D. Chowdhury ; Counsel
ORDER (ORAL)
Per: Hon'ble Smt. Urmita Datta (Sen) (J) Ld. Counsels for both sides are present.
2. The applicant has filed this Original Application under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:-
"a. To pass an order quashing and or setting aside the order bearing No. 1/196819/2025 and dated 04.04.2025 issued by the Superintendent of Police (HQ) rejecting the selection of the applicant to the post of Constable (GD).
b. To pass such other order or orders as this Hon'ble Court may deem fit and proper in the interest of justice."
3. As per the applicant, he was offered with appointment to the Group-C post of Constable (General Duty) in the Establishment of Andaman & Nicobar Police vide order dated 28.10.2024 (Annexure A-1) along with others wherein his name was reflected against Serial No. 6. However, subsequently, vide show-
cause notice dated 08.01.2025 (Annexure A-2), the applicant was show-caused on the allegation of suppression of fact, he was convicted in one criminal case and with an imposition of fine of Rs. 10,000/- by the Ld. Court of CJM, Mayabunder and the authority had asked for explanation of the same. In reply to that in this regard, the applicant filed his reply to the show cause notice on 11.01.2025. Subsequently, the Assistant Secretary (Home), A&N Administration communicated their opinion that the issue of concealment of facts is to be decided based on precedent in the Department to the Director General of Digitally signed by Dhrubajyoti banerjee DN: C=IN, O=Personal, T=4175, OID.2.5.4.65=1335885743022601584xv4l838ygvJ5Z, Phone= 90ed2697919465890397c0e615eece98d6903a5f70d28686aacddcc72088fbe2, PostalCode=713409, S=West Dhrubajyoti banerjee Bengal, SERIALNUMBER=3c1d4e3f19f312d282cb79397110e181e5ebdbf76bd6fbc3fbfbb1822c0f4c19, CN= Dhrubajyoti banerjee Reason: I am the author of this document Location:
Date: 2025.07.25 18:28:03+05'30' Foxit PDF Reader Version: 2025.1.0 3 O.A. 351/604/2025 Police, A&N Islands vide letter dated 20.03.2025 (Annexure A-6). In this respect, the Superintendent of Police (HQ), Police Head Quarters vide Order Book No. I/196819/2015 (Annexure A-7) has rejected the prayer of the applicant and cancelled the candidature of the applicant. Being aggrieved with, the applicant has filed the instant application.
4. During the course of hearing, Ld. Counsel for the applicant has drawn our attention to the communication dated 20.03.2025 forwarded by the Assistant Secretary (Home), Andaman & Nicobar Administration to the Director General of Police wherein it was opined that the conviction of the applicant cannot be treated as a case of moral turpitude. Therefore, in this regard, Ld. Counsel for the applicant has referred to one judgment of the Hon'ble Apex Court in the case of Avtar Singh vs Union of India in 2016 (8) SCC 471. Ld. Counsel for the applicant has submitted that therefore, the respondents should have considered his case as per Para 38.4.1 of the aforesaid judgment and thus, the cancellation order should be quashed.
5. However, Ld. Counsel for the respondents has vehemently objected even for admission of this application at this stage. It has been submitted by the Ld. Counsel for the respondents that the appointment of the applicant was not cancelled due to the criminal case against him but because of suppression of facts with false information even though in their attestation form, it was clearly mentioned that furnishing of false information or suppression of any facts would be a disqualification of the candidature. Ld. Counsel for the respondents has further submitted that as per the Hon'ble Supreme Court's order, they have already considered both the involvement in a criminal case as well as suppression of facts and giving false information in the attestation form, Digitally signed by Dhrubajyoti banerjee DN: C=IN, O=Personal, T=4175, OID.2.5.4.65=1335885743022601584xv4l838ygvJ5Z, Phone= 90ed2697919465890397c0e615eece98d6903a5f70d28686aacddcc72088fbe2, PostalCode=713409, S=West Dhrubajyoti banerjee Bengal, SERIALNUMBER=3c1d4e3f19f312d282cb79397110e181e5ebdbf76bd6fbc3fbfbb1822c0f4c19, CN= Dhrubajyoti banerjee Reason: I am the author of this document Location:
Date: 2025.07.25 18:28:03+05'30' Foxit PDF Reader Version: 2025.1.0 4 O.A. 351/604/2025 therefore, they have applied their mind and used their discretionary power and subsequently come to the conclusion that the candidature of the applicant for appointment should be cancelled.
In view of the above, the respondents have prayed for dismissal of the O.A.
6. We have heard the parties and perused the records.
7. It is noted that admittedly, though the applicant was selected for the post of Constable, however, at the time of verification of the records, it was found that he was convicted in a criminal case. Therefore, the respondents had issued one Show Cause Notice dated 08.01.2025, which reads as under:
"Whereas on the basis of the select list of various Group 'C' Common Matric Level Posts under A&N Administration forwarded by the Deputy Secretary (R&E). A&N Administration vide letter No 4-13/2023-R&E Cell/682 dated 18th October, 2024 Shri Sushanta Hawlader S/o Tarak Hawlader R/o Brichgunj, South Andaman has been given Offer of Appointment letter to the post of Constable (GD) in the India Reserve Battalion vide No.DGP/Estt/19- 46/2023/Part-II/2035 dated 28 October 2024.
Whereas, on receipt of the acceptance letter from Shri. Sushanta Hawlader S/o Tarak Hawlader R/o Brichgunj, South Andaman, he has been got medically examined by the Medical Superintenden,. G.B. Pant Hospital, Sri Vijaya Puram and his Character and antecedents was also got verified through Dy. Superintendent of Police (CID) Sri Vijaya Puram vide letter No SP (CID)/Service/2621-2659/Ven/2024/3505 dated 17.12.2024.
Whereas, on receipt of character and antecedent report from the concerned, it is found that a case on Crime No.15/2020 dated 09.02.2020 U/s 279/338 IPC rws 184/3/181/146/196 of MV Act, 2019 was registered against Shri. Sushanta Hawlader S/o Tarak Hawlader R/o Brichgunj, South Andaman at PS Diglipur and he was fined Rs. 10,000/- by the Hon'ble court of CJM, Mayabunder. However, this was suppressed by him in the Attestation Form duly filled/signed and submitted by him for verification.
Whereas, at the top of the Attestation Form a "WARNING' is mentioned that furnishing of false information or suppression of any factual information in the Attestation Form would be a disqualification and is likely to render his candidature unfit for employment under the Government.
Hence, Shri Sushanta Hawlader S/o Tarak Hawlader R/o Brich Gunj is directed to submit his explanation about the suppression of facts in the Attestation Form on the registration and conviction of aforesaid case with in the 07 days from the date of issuance of this SCN for consideration of his candidature in A&N Police."
Digitally signed by Dhrubajyoti banerjeeDN: C=IN, O=Personal, T=4175, OID.2.5.4.65=1335885743022601584xv4l838ygvJ5Z, Phone= 90ed2697919465890397c0e615eece98d6903a5f70d28686aacddcc72088fbe2, PostalCode=713409, S=West Dhrubajyoti banerjee Bengal, SERIALNUMBER=3c1d4e3f19f312d282cb79397110e181e5ebdbf76bd6fbc3fbfbb1822c0f4c19, CN= Dhrubajyoti banerjee Reason: I am the author of this document Location:
Date: 2025.07.25 18:28:03+05'30' Foxit PDF Reader Version: 2025.1.0 5 O.A. 351/604/2025 In reply to that, the applicant has also made his submission vide letter dated 11.06.2025, which is as follows:
"While acknowledging the show cause notice issued from your good office vide No.1/170824/2025 dated 08.01.2025 I am to state the following for favour of your kind information and sympathetic consideration please.
1. That sir, the case vide crime No. 15/2020 dated 09.02.2020 U/s 279/338 IPC read with section 184/3/181/146/196 of MV Act, 2019 was registered against me at Police Station Diglipur and fined Rs. 10,000.00 and disposed of the case.
2 That sir, the Hon'ble court of the Judicial Magistrate 1" Class at Mayabunder has been pleased to pass the order of judgement of the matter on 09.04.2021 and disposed off the case on 09.04.2021. (Copy of the judgement is enclosed for your kind perusal please).
3. That sir, while submitting the attestation form asked therein by the competent authority in respect of the offer of appointment as Constable (GD) in the India Reserve Battalion the above referred to case was not under pending trail but it was disposed of by the court on 09.04.2021. This being the fact it was not mentioned in the attestation form in good faith, but there was no any purposeful intention to hide the said information from the authorities. Since the case has been disposed off by the Hon'ble court during the year 2021 and the attestation form was filled in and submitted during the last week of October, 2024.
4. That sir, while conducting the verification by the CID branch of A&N Police from Sri Vijaya Puram over phone No.9933259757 the matter of above said judgment was explained to them similarly while verification conducted from the Police station Diglipur over phone 9933253533 the same information has been given to them and the copy of the judgement have been sent to both the agencies over my whatsapp from phone No. 9531828136..
Therefore, on the circumstances explained above I beg your pardon to kindly clear the verification of attestation already submitted and may kindly be allowed to join the department (IRBn) with reference to the offer of appointment vide No. DGP/Estt/19-46/2023/Part-II/2035 dated 26.10.2024 please."
It is also noted that the applicant was convicted in GR Case No. 96/2020 and vide order dated 09.04.2021, Judicial Magistrate First Class, Mayabunder, Circuit Court at Diglipur had passed the following order:
"Case record is put up by the strength of put up petition filed by the Ld. Advocate of the accused.
Accused, Sushanta Hawladar is present along with his Ld. Advocate by filing attendance.Digitally signed by Dhrubajyoti banerjee
DN: C=IN, O=Personal, T=4175, OID.2.5.4.65=1335885743022601584xv4l838ygvJ5Z, Phone= 90ed2697919465890397c0e615eece98d6903a5f70d28686aacddcc72088fbe2, PostalCode=713409, S=West Dhrubajyoti banerjee Bengal, SERIALNUMBER=3c1d4e3f19f312d282cb79397110e181e5ebdbf76bd6fbc3fbfbb1822c0f4c19, CN= Dhrubajyoti banerjee Reason: I am the author of this document Location:
Date: 2025.07.25 18:28:03+05'30' Foxit PDF Reader Version: 2025.1.0 6 O.A. 351/604/2025 Ld. APP is also present.
At this stage one petition is filed on behalf of the accused person praying for leave of the court for pleading guilty. Considered.
The record is taken up for examination of the accused U/S-251 Cr.P.C. The substance of accusation to the effect that on 07.02.2020 at about 6.15 PM, accused Sushanto Hawaldar was driving a motorcycle bearing registration No. AN01-G-7921 rashly and negligently near Diglipur Bazaar and dashed the victim causing injuries to the victim and thereby committed offense punishable U/S-279/338 of IPC r.w.s. 184/3/181/146/196 MV Act, which is read over and explained to the accused person in to which he pleaded guilty by saying "Mai Doshi Hu" and prayed for leniency in punishment.
Heard the Ld. Advocate of the accused as well as the Ld. APP. Perused the materials on record. Considered.
Since, the plea of guilt is voluntarily made, the same is accepted. The accused is admonished and warned not to repeat such kind of rash act in future.
Hence, it is ORDERED That the accused Sushanto Hawladar is convicted U/S-252 of Cr.P.C. for offences punishable U/S279/338 of IPC r.w.s. 184/3/181/146/196 MV Act.
The convict is sentenced to pay total fine of Rs.10000/- only U/S-279/338 of IPC r.w.s 184/3/181/146/196 MV Act I.d. 30 days S.I. The convict is taken into custody till payment of fine.
Sureties are discharged from respective bail bonds, if any.
Zimmanama bonds are made absolute.
Seized property if any, are to be disposed off as per law.
Thus, the case is disposed off. Bench clerk to give note in relevant registers."
However, it is evident that the applicant was actually convicted and was taken into custody till the payment of fine of Rs. 10,000/-. Thereafter also, the case of the applicant was considered initially by the Andaman & Nicobar Administration, Secretariat and the Assistant Secretary (Home), A&N Administration had communicated about his suitability to the Director General of Police which is as follows:
Digitally signed by Dhrubajyoti banerjeeDN: C=IN, O=Personal, T=4175, OID.2.5.4.65=1335885743022601584xv4l838ygvJ5Z, Phone= 90ed2697919465890397c0e615eece98d6903a5f70d28686aacddcc72088fbe2, PostalCode=713409, S=West Dhrubajyoti banerjee Bengal, SERIALNUMBER=3c1d4e3f19f312d282cb79397110e181e5ebdbf76bd6fbc3fbfbb1822c0f4c19, CN= Dhrubajyoti banerjee Reason: I am the author of this document Location:
Date: 2025.07.25 18:28:03+05'30' Foxit PDF Reader Version: 2025.1.0 7 O.A. 351/604/2025 "Sub: Clarification in regarding suitability of Shri Sushanto Hawlader, S/o Tarak Hawlader for appointment to the post of Constable(GD), IRBn-reg.
Sir, I am directed to invite a reference to your letter No 1/182255/2025 dated 14.02.2025 and to say that the proposal has been examined by the Administrative Branch and further by Law Department and Personnel Wing and it is opined that the conviction of the applicant is not related to the offences of Moral Turpitude. The appointment order cannot be withheld on the ground of such conviction, which is not a case of Moral Turpitude. However, the issue of concealment of facts is to be decided based on precedent in the department.
It is therefore, requested to take appropriate further action accordingly."
Further, the Superintendent of Police (HQ), Police Head Quarters, vide order dated 04.04.2025 had made the following observations:
"Whereas, a Common Combined Recruitment of various posts were conducted by the A&N Administration during the year 2023 and on conclusion of recruitment the Deputy Secretary (R&E), A&N Administration had forwarded a select list of various Group B (NG) & C posts under A&N Administration letter No.4-12/2023-R&E Cell/638 dated 18th October, 2024 to the Director General of Police, A&N Islands.
Whereas, the name of Shri. Sushanta Hawlader s/o Tarak Hawlader, Roll No.1200013735 was enlisted in the select list for the post of Constable (GD), IRBn of A&N Police against OBC Category.
Whereas, on receipt of the above select list, an Offer of Appointment was issued to Shri. Sushanta Hawlader s/o Tarak Hawlader, Roll No.1200013735 vide No. DGP/Estt/19-46/2023/Part-II/2035 dated 28.10.2024 with the condition that his appointment is subject to verification of his Character and Antecedent and Medical Examination from the concerned Authorities.
And whereas, on receipt of verification report from the Dy. Superintendent of Police (CID), Sri Vijaya Puram it was found that a case vide crime No. No.15/2020 dated 09.02.2020 u/s 279/338 IPC r.w.s 184/3/181/146/196 M.V Act, 2019 was found registered against Shri. Sushanta Halwader s/o Tarak Hawlader, Roll No. 1200013735, r/o D.B.Gram, Diglipur and that he was convicted with a fine of Rs.10,000/- by the Hon'ble Court of JMFC, Mayabunder, Circuit Court at Diglipur on 09.04.2021. The above material fact was suppressed by him in the Attestation Form while submitting the same for Police verification.
Whereas, an explanation was called for the suppression of above facts by him on 08.01.2025. The reply submitted by him vide his application dated 11.01.2025 was found to be not justifiable.
Whereas, a Screening Committee under the Chairmanship of the Director General of Police, A&N Islands was constituted for considering the suitability of the candidature in respect of Shri. Sushanta Halwader s/o Tarak Hawlader, Roll No. 1200013735, r/o D.B.Gram, Diglipur. The Committee Digitally signed by Dhrubajyoti banerjee DN: C=IN, O=Personal, T=4175, OID.2.5.4.65=1335885743022601584xv4l838ygvJ5Z, Phone= 90ed2697919465890397c0e615eece98d6903a5f70d28686aacddcc72088fbe2, PostalCode=713409, S=West Dhrubajyoti banerjee Bengal, SERIALNUMBER=3c1d4e3f19f312d282cb79397110e181e5ebdbf76bd6fbc3fbfbb1822c0f4c19, CN= Dhrubajyoti banerjee Reason: I am the author of this document Location:
Date: 2025.07.25 18:28:03+05'30' Foxit PDF Reader Version: 2025.1.0 8 O.A. 351/604/2025 after taking into consideration all the facts and the reply submitted by him is of the view that he is not entitled to any relief, as the Attestation Form itself warns about the consequence of furnishing false information which would be a disqualification and is likely to render the candidate unfit for employment under the Government. Further, furnishing of false information itself amounts to moral turpitude and is separate and distinct from the involvement in a criminal case. The Committee recommended that the candidature of Shri. Sushanta Hawlader s/o Tarak Hawlader, Roll No. 1200013735, r/o D.B.Gram, Diglipur for the post of Constable (GD) in IRBn stands rejected and cancelled.
In view of the above, the candidature of Shri. Sushanta Hawlader s/o Tarak Hawlader, Roll No. 1200013735 selected for the post of Constable (GD) in IRBn against OBC category stands rejected and cancelled."
8. It is further noted that in Para 38 of the judgment of the Hon'ble Apex Court in the case of of Avtar Singh vs Union of India (supra), the Hon'ble Apex Court has observed and inter alia held as under:
"38. We have noticed various decisions and tried to explain and reconcile them as far as possible. In view of the aforesaid discussion, we summarise our conclusion thus:
38.1. 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.
38.2. 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.
38.3. The employer shall take into consideration the government orders/instructions/rules, applicable to the employee, at the time of taking the decision.
38.4. 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 recourses appropriate to the case may be adopted:
38.4.1. 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.
38.4.2. Where conviction has been recorded in case which is not trivial în nature, employer may cancel candidature or terminate services of the employee.Digitally signed by Dhrubajyoti banerjee
DN: C=IN, O=Personal, T=4175, OID.2.5.4.65=1335885743022601584xv4l838ygvJ5Z, Phone= 90ed2697919465890397c0e615eece98d6903a5f70d28686aacddcc72088fbe2, PostalCode=713409, S=West Dhrubajyoti banerjee Bengal, SERIALNUMBER=3c1d4e3f19f312d282cb79397110e181e5ebdbf76bd6fbc3fbfbb1822c0f4c19, CN= Dhrubajyoti banerjee Reason: I am the author of this document Location:
Date: 2025.07.25 18:28:03+05'30' Foxit PDF Reader Version: 2025.1.0
9 O.A. 351/604/2025 38.4.3. 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.
38.5. 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.
38.6. 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.
38.7. 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.
38.8. 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.
38.9. 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.
38.10. 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.
38.11. Before a person is held guilty of suppressio veri or suggestio falsi. knowledge of the fact must be attributable to him."
9. Therefore, in our considered opinion, since the respondents have already applied their discretionary power while considering the candidature of the applicant with regard to the false statement furnished by him and as per the aforesaid judgment of the Hon'ble Apex Court, we do not find any reasons to interfere with the discretion of the respondents.
Digitally signed by Dhrubajyoti banerjeeDN: C=IN, O=Personal, T=4175, OID.2.5.4.65=1335885743022601584xv4l838ygvJ5Z, Phone= 90ed2697919465890397c0e615eece98d6903a5f70d28686aacddcc72088fbe2, PostalCode=713409, S=West Dhrubajyoti banerjee Bengal, SERIALNUMBER=3c1d4e3f19f312d282cb79397110e181e5ebdbf76bd6fbc3fbfbb1822c0f4c19, CN= Dhrubajyoti banerjee Reason: I am the author of this document Location:
Date: 2025.07.25 18:28:03+05'30' Foxit PDF Reader Version: 2025.1.0
10 O.A. 351/604/2025
10. Accordingly, the O.A. is dismissed being devoid of merits. There shall be no order as to costs.
(Suchitto Kumar Das) (Urmita Datta (Sen))
Administrative Member Judicial Member
DB
Digitally signed by Dhrubajyoti banerjee
DN: C=IN, O=Personal, T=4175, OID.2.5.4.65=1335885743022601584xv4l838ygvJ5Z, Phone= 90ed2697919465890397c0e615eece98d6903a5f70d28686aacddcc72088fbe2, PostalCode=713409, S=West Dhrubajyoti banerjee Bengal, SERIALNUMBER=3c1d4e3f19f312d282cb79397110e181e5ebdbf76bd6fbc3fbfbb1822c0f4c19, CN= Dhrubajyoti banerjee Reason: I am the author of this document Location:
Date: 2025.07.25 18:28:03+05'30' Foxit PDF Reader Version: 2025.1.0