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Vatan vs Delhi Metro Rail Corporation, Govt. Of ... on 23 May, 2016 cites

Vineet Kumar Mathur vs Union Of India And Ors on 8 November, 1995

In Vineet Kumar (supra) the applicant was denied appointment to the post of Assistant Public Prosecutor in CBI on account of concealment/involvement in a 9 OA No.351/2015 criminal case registered against him under Section 498-A, 323, 504, 506 IPC and Dowry Prohibition Act and later Section 324, 292, 294, 452 of IPC were also added. At the time of filling up the application form, the applicant was not involved in any criminal case. At the time of interview though he was already involved in a criminal case, the respondent did not ask for any information in this regard. First time the petitioner had the occasion to disclose that information was when he was filling up the attestation form sent by CBI on 12.08.2010. At that time he did provide the correct information. Show cause notice was later issued to him for concealment of information about his involvement in a criminal case. The Hon'ble Supreme Court took a view that the petitioner before them was not involved in an offence of a serious nature, and therefore, question of desirability to appoint him in the service was not an issue, though the respondents had not disclosed whether they had made any such consideration. The Hon'ble Supreme Court also took a view that there was no concealment at all in respect of involvement in a criminal case and the petitioner had furnished all the required information with all the particulars, therefore, the show cause notice in respect of alleged concealment was ab initio wrong and against the record. Instead the impugned order was passed on new ground, i.e., on the ground of involvement in a criminal case. The Manual of CBI (Admn.) provides that even if a person was convicted he can be 10 OA No.351/2015 appointed after taking approval of the Government, if appointing authority feels that there are redeeming features and reasons to believe that the person has cured himself of the weakness, if any.
Supreme Court of India Cites 6 - Cited by 10 - B P Reddy - Full Document
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