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Avtar Singh vs Union Of India & Ors on 21 July, 2016

After hearing the rival contentions this court finds that the challan of the petitioner under sections 151/116/107 Cr.P.C. was on 3.4.2015 and it came to end after six months therefore it will have no effect .However implication of the applicant under N.C.R. No. 33 of 2015 was there and final report has been submitted therein on 14.8.2018 by the investigating officer wherein it has been found by the investigating officer that no evidence was found against the accused persons, however the fact remains that affidavit was filed by the petitioner on 12.6.2018 stating that he is not aware of any criminal case/ police investigation pending against him but at that time investigation of the aforesaid N.C.R was pending against him which he did not disclosed. The Apex court in the case of Avatar Singh (supra) has held in paragraph 38.4.1 that for a petty offence, which if disclosed would not have rendered an incumbent unfit for the post in question, the employer may, in its discretion may ignore such suppression of fact or false information by condoning the lapse. For ready reference paragraph 38 of the aforesaid judgement is being reproduced herein below:-
Supreme Court of India Cites 38 - Cited by 1443 - A Mishra - Full Document
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