VidhiSangh

Supreme Court of India · 11/05/2022

STATE OF RAJASTHAN & ORS. versus CHETAN JEFF

[2022] 4 S.C.R. 692 · 2022 INSC 556

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Summary

A candidate for Constable in the Rajasthan Police declared in his 2008 application that no criminal case was pending against him, though an FIR of December 2007 was pending; his candidature was rejected for suppression. A Single Judge of the Rajasthan High Court directed the State to consider him, treating the offences as trivial under Avtar Singh, and the Division Bench affirmed, though by then three more FIRs had been registered against him, ending in two compromise acquittals, one conviction with probation and one pending trial. The Supreme Court allowed the State's appeal: the question is not the triviality of the offence but the suppression of a material fact and a false statement at the threshold, which by itself shows a want of character unbefitting a uniformed service; such a candidate cannot claim appointment as of right.

Issues

  1. Whether a candidate for appointment as a police constable who falsely declared in his application that no criminal case was pending against him can be directed to be considered for appointment on the ground that the suppressed offences were trivial.
  2. Whether subsequent FIRs, compromise acquittals and a probation-order conviction during the pendency of the litigation may be taken into account.

Provisions considered

Held

Result

Appeal allowed; the Rajasthan High Court's judgment of 04.03.2020 in D.B. Special Appeal Writ No. 1479 of 2018 and the Single Judge's order of 12.03.2018 in Civil Writ Petition No. 10250 of 2008 directing the State to consider the respondent for appointment as Constable quashed; the rejection of his candidature for suppressing his criminal antecedents upheld. No order as to costs.

Judgment PDF: Supreme Court of India, [2022] 4 S.C.R. 692.