Rajasthan High Court
Amit Kumar Sharma S/O Lt. Shri Ram ... vs Union Of India on 12 July, 2022
Bench: Pankaj Bhandari, Sameer Jain
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Civil Writ Petition No. 9402/2022
Amit Kumar Sharma S/o Lt. Shri Ram Niwas Sharma, Aged
About 35 Years, R/o Village Ajmeripur Post Barrod, Tehsil Behror,
District Alwar, Rajasthan
----Petitioner
Versus
1. Union Of India, Through Its Secretary, Ministry Of
Defence, South Block, New Delhi.
2. The Major General, Chief Engineer, South Western
Command, Pin 908546, C/o 56 APO.
3. Engineer In Chief, Integrated Hq Of Mod (Army), Kashmir
House, Rajaji Marg, New Delhi-110011.
----Respondents
For Petitioner(s) : Mr. Abhishek B. Sharma
HON'BLE MR. JUSTICE PANKAJ BHANDARI
HON'BLE MR. JUSTICE SAMEER JAIN
Order
12/07/2022
1. Present petition has been filed by the petitioner against
the impugned order dated 15.02.2022 passed by learned Central
Administrative Tribunal, Jaipur Bench, Jaipur.
2. The facts of this case as submitted by learned counsel
for the petitioner are that he was given appointment on the post
of LDC on compassionate grounds on 24.12.2012. Attestation
form was filed on 01.07.2013, wherein under Clause-13 of the
said form, he has disclosed all information, except Clause-13(J),
wherein on account of paucity of space, he was not able to give
details of criminal cases pending against him. On account of said
concealment, show cause notice dated 11.12.2013 was
issued, wherein it was reflected by the respondents that two
(2 of 3) [CW-9402/2022]
criminal cases were found pending against the petitioner.
Representation dated 10.10.2014 was filed, but rejected and
termination order was passed vide order dated 18.03.2015.
Against the same, application was filed by the petitioner before
the Learned CAT, Jaipur Bench, Jaipur. After considering the entire
matter, the learned CAT vide order dated 15.02.2022 upheld the
termination order holding that it was not against the Rules, that
there is no allegation of mala-fides and natural justice was
adhered to by the respondent. Being aggrieved against the same,
present petition was filed.
3. Learned counsel on the above facts has submitted that
the order passed by CAT is per se illegal in view of settled
proposition of law. He has submitted that petitioner in question
was merely tenth pass and he had disclosed necessary details as
required under clause-13 of the form. It was only because paucity
of space that due details only under clause-13(J) were not
furnished. There was no wilful suppression of information, in fact it
was a bonafide mistake because of lack of space.
4. In support of his claim, he has placed reliance on
Hon'ble Apex Court judgement titled as Pawan Kumar Vs. Union of
India (UOI) and Ors. reported in AIR 2022 SC 2829.
5. We have Considered the arguments advanced by
learned counsel for the petitioner and perused the impugned
judgment of CAT dated 15.02.2022.
6. As per the appointment letter dated 24.12.2012 under
Clause-2(n), it was specifically mentioned as under:-
"If any information given or declaration furnished
by you proves to be false or if you are found to
have willfully suppressed any material information,
you will be liable to removal from service and such
(3 of 3) [CW-9402/2022]
other action as deemed fit will be taken against
you".
7. In the prescribed form in Clause-13, details were
specifically asked for. Petitioner failed to give due details and
therefore, violated Clause-2(n) of the appointment letter and also
suppressed the information. The learned tribunal has duly
considered said violations and suppression on the part of the
petitioner. Further, learned tribunal has also considered Apex
Court judgment titled as Avtar Singh Vs. Union of India & Ors.
(2016) 8 SCC 471, wherein it was specifically held as under:-
"Para-38:-We have noticed various decisions and
tried to explain and reconcile them as far as
possible. In view of aforesaid discussion, we
summarize our conclusion thus.
38.1:- Information given to the employer by a
candidate as to conviction, acquittal or arrest, or
pendency of a criminal case, whether before or
after entering into service must be true and
there should be no suppression or false mention
of required information.
38.2:- While passing order of termination of
services or cancellation of cadidature for giving
false information, the employer may take notice
of special circumstances of the case, if any,
while giving such information".
8. For the reasons mentioned above, this Court is not
inclined to interfere with the order of the CAT. The present writ
petition stands dismissed.
9. All pending applications also stand disposed of.
(SAMEER JAIN),J (PANKAJ BHANDARI),J
CHANDAN /8
Powered by TCPDF (www.tcpdf.org)
