Shankarsan Dash vs Union Of India on 30 April, 1991
12. As to the correctness of the CAT's view with regard to the
validity of the licence, this Court wholly affirms the decision of the
CAT that neither the employer, nor the judicial authority- in this case
the CAT, is expected to go into the validity or otherwise of the
documents furnished by the candidate. At the stage of securing
employment, the candidates had to disclose all particulars truly and
faithfully. Any cloud of suspicion over such candidature, would
disentitle him the right to be appointed. There is authority for the
proposition that the public employer is not obliged to issue
appointment letter merely because someone's name figures in the
select list. It is open to the employer- if circumstances so justify, to
either seek recourse to the list partially, or to entirely cancel the
process (Shankaran Dash v. Union of India, (1991) 3 SCC 47). In the
present case, the materials on record, in the form of the report which
was considered by the Police Commissioner, according to Court's
opinion, constituted sufficient reason for the cancellation of the
petitioner's candidature. The Tribunal's finding upon its elaborate
analysis of the fact cannot be faulted with.