HON'BLE SRI JUSTICE P.NAVEEN RAO
AND
HON'BLE SRI JUSTICE J.SREENIVAS RAO
WRIT PETITION No.35114 OF 2022
Date:11.10.2022
Between:
Sri Gundu Gocharan S/o.Gundu Krishna,
Aged 31 yrs, Occu : Service,
R/o.H.No.6-3-584/8, Khairtabad,
Hyderabad, Telangana 500 004
.....Petitioner
And
The State of Telangana,
Through Secretary to Government,
Legal Affairs, Legislative Affairs and Justice,
Law Department, 8th floor,
D-Block, BRKR Buildings,
T.S.Secretariat, Hyderabad 500 063 & others
.....Respondents
The Court made the following:
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HON'BLE SRI JUSTICE P.NAVEEN RAO AND HON'BLE SRI JUSTICE J.SREENIVAS RAO WRIT PETITION No.35114 OF 2022 ORDER : (Per Hon'ble Sri Justice P.Naveen Rao) In response to the notification No.9/2019 dated 31.07.2019 petitioner participated in the recruitment for selection to the post of Office Subordinate. Petitioner was provisionally selected and on due verification of eligibility, petitioner was given provisional appointment.
On verification of antecedents of the petitioner, as it came to the notice of the High Court that petitioner was involved in Crime No.06 of 2016 registered under Sections 341, 323, 290 r/w. section 34 IPC in Punjagutta Police Station, his provisional selection was cancelled by the Official Memorandum dated 05.08.2022. Challenging the same this writ petition is filed.
2. We have heard learned counsel for the petitioner and learned standing counsel Sri B.Nalin Kumar representing respondents No.2 and 3.
3. According to learned counsel for the petitioner, the petitioner has not suppressed any material information regarding involvement in the criminal case. There was no column which requires furnishing of information on involvement in a criminal case. Therefore there was no occasion for the petitioner to disclose his involvement in Crime No.06 of 2016, whereas his provisional selection was cancelled on the ground that in the revised attestation form submitted by the -3- petitioner, he suppressed the information about his involvement in Crime No.06 of 2016. Therefore, cancellation of provisional selection on this ground is erroneous. Learned counsel for the petitioner has also drawn our attention to the recruitment notification.
4. According to the learned standing counsel Sri B.Nalin Kumar though there was no requirement of disclosure of involvement in crime, but the employer is entitled to verify the antecedents of a person before employing him and on such verification it was found that petitioner was involved in Crime No.06 of 2016 which ultimately ended in compromise before the Lok Adalat. Therefore, the employer is entitled to cancel the provisional selection and appointment and no illegality is committed in doing so.
5. Both sides have cited various judgments of the Hon'ble Supreme Court on the issue of involvement in crime and provision of employment etc. We are not expressing any opinion on merits of whether involvement of petitioner in Crime No.06 of 2016 which ultimately ended in compromise before the Lok Adalat would have any impact on provision of employment to the petitioner, as the rejection was not on that ground but was on the ground that petitioner suppressed the information of involvement in crime. Petitioner cannot be penalized by canceling the provisional selection on the ground that he has suppressed in furnishing information of his involvement in crime when there was no such requirement prescribed in the recruitment notification or was asked from him. Therefore, it does not -4- amount to suppression of material fact. Thus, the reason assigned for cancellation of provisional selection is not valid and is liable to be set aside.
6. Writ petition is accordingly allowed. The matter is remanded to the respondent No.3 for consideration of the claim of the petitioner for appointment based on performance in the recruitment notification No. 9 of 2019. On his involvement in Crime No.06 of 2016 which ended in compromise before Lok Adalat it is open to the petitioner to submit representation setting forth his version. If he chooses to file a representation, it shall be filed within two weeks from the date of receipt of copy of this order. On filing such representation or otherwise, the 3rd respondent shall consider the entitlement of petitioner for employment having regard to his involvement in Crime No.06 of 2016 registered in Punjagutta Police Station that ended in compromise before Lok Adalat and pass appropriate orders within a period of four weeks thereafter.
Pending miscellaneous petitions, if any, shall stand closed.
__________________ P.NAVEEN RAO,J _______________________ J.SREENIVAS RAO, J 11th October, 2022 Rds/Sus