Allahabad High Court
Shiv Brat Singh vs State Of U.P. And 5 Others on 28 July, 2022
Bench: Saurabh Shyam Shamshery
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 36
Case :- WRIT - A No. - 10818 of 2022
Petitioner :- Shiv Brat Singh
Respondent :- State Of U.P. And 5 Others
Counsel for Petitioner :- Rajendra Prasad Tiwari,Vinay Kumar Tiwari
Counsel for Respondent :- C.S.C.
Hon'ble Saurabh Shyam Shamshery,J.
Heard learned counsel for the petitioner and learned Standing Counsel.
The petitioner is desirous to become a part of disciplined police force and for that he participated in the selection process of the year 2018. He cleared the written examination as well as physical efficiency test. At that juncture, he submitted an attestation form/affidavit, however, he has not disclosed that an NCR was registered against him. Therefore, the character verification was not forwarded by the concerned police authorities. The petitioner's candidature was cancelled vide order dated 28.5.2022 passed by Commandant 30th P.A.C. Battalion, Gonda on the ground of suppression of material fact.
Mr. Rajendra Prasad Tiwari, learned counsel for the petitioner submits that it is not disputed that the petitioner has not disclosed about the above NCR as he was under the bona fide impression that subsequent to lodging of said NCR, a compromise was entered into between the parties and no further proceedings is pending against them and in this regard he relied upon a document of compromise annexed as Annexure-4 to the writ petition. Learned counsel further relied upon a judgment of the Supreme Court in Avtar Singh Vs. Union of India and others, (2016) 8 SCC 471, relevant paragraph 38.4 and 38.6 is reproduced as under:
"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:
38.6. 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."
Learned counsel for the petitioner further relied upon a judgment passed by this Court in the case of Sonu Yadav Vs. State of U.P. and 5 Ors. in Writ-A No. 4577 of 2019 decided on 8.1.2021, where similar circumstances, cancellation of candidature of the petitioner therein was set aside, relevant paragraph 4.07 of the said judgment is reproduced as under:
"4.07. ?????? ???????? ?????? '????? ????' (????? ??? ????????) ?? ?????? ??? ????? ?????? ??? ?????????? ?????????? ?? ???????? ??? ?? ????? ?? ?? ???? ?? ???????? ?????? ???????? ?? ???? ??????? ??? ??????? ??????? ????? ???? ????? ???? ??? ????? ?? ???????? ???? ?? ???? ?? ?? ????? ?? ?? ??????? ????????????, ???? ??? ?????? ???? ?? ????? ?????? ??? ?? ???? ????? ??? ??? ??????? ?? ?????? ?? ????? ??????? ???? ?? ??? ??? ???????? ?? ??? ???????? ?? ?????????? ?? ???? ?? ?????? ???? ?? ?????? ?????? ''????? ????' ??? ??? ?????? ??? ???????? ?????? ?????? ???? ??? ??? ???? ?? ?????? ?? ????? ??? ???? ?? ??????? ?? ??, ????? ???????? ???????? ?????? ?????? ?? ?????? ?? ????? ??????? ???? ?? ????? ?? ??????? ?? ?????? ?? ????? ???? ?? ???? ??? ??? ??????? ????? ????? ??????? ???? ????? ?? ??? ????? ????? ??????? ?????? ?? ?? ??? ????????? ???????? ???? ??? ???? ????? ????? ?? ??????? ???? ?? ? ??? ??? ???? ??????? ??????? ???? ?? ?? ????? ?? ??????? ?? ????? ???? ???????? ?????? ???? ?????? ???? ?? ???? ??, ???? ???????? ????????, ???????? ?? ????? ??? ??? ?? ?? ??????? ?? ???? ?? ?? ????? ?? ????? ???????????? ?? ????? ?? ?? ???? ???
Learned counsel for the petitioner submits that matter be remanded back for fresh consideration.
Learned Standing Counsel though submits that it a case of concealment of fact and petitioner who is desirous to join police force, must come with clean hands as well as a person of utmost integrity, however, non-disclosure indicates controversy. However, at this stage, on instructions, he submits that there is a report from the concerned police authorities dated 4.9.2021 that no order was passed for any investigation to be taken against the petitioner in pursuance of the aforesaid NCR.
In the present case, facts are not disputed that petitioner has not disclosed about the above NCR, which was lodged against him, in attestation form, therefore, the impugned order which is passed on the basis of concealment of fact, is not bad in law, however, considering the compromise annexed along with writ petition, statement of learned counsel for petitioner that no further proceedings were initiated on NCR as well as the law on the issue in Avtar Singh (supra) and in Union of India & Ors. Vs. Methu Meda (2022) 1 SCC 1, that even in case of suppression of facts, considering case was trivial in nature, claim of petitioner could be considered.
In these circumstances, there is no need to remand the matter back to the authority concerned to consider the case of petitioner. Considering the judgment of Sonu Yadav (supra) and Avtar Singh (supra) that no further proceedings is pending against the petitioner in pursuance of the NCR and considering the allegation which were trivial in nature, the impugned order dated 28.5.2022 passed by Commandant 30th P.A.C. Battalion, Gonda, is, hereby, set aside. The respondents are directed to proceed with the further proceedings in regard to candidature of the petitioner, from the stage it which was cancelled, within two weeks from today in accordance with law, if there is no legal impediment.
In the result, the writ petition is disposed of.
Order Date :- 28.7.2022/CS/-
