Summary
An RPF constable recruit was discharged for failing to disclose an earlier prosecution in his attestation form. The criminal case arose after his original recruitment application and ended in a clean acquittal. Applying Avtar Singh, the Court held that the employer had mechanically treated nondisclosure as sufficient without assessing the trivial allegations, acquittal, duties and suitability. It ordered reinstatement with notional benefits but no salary arrears for the period not served.
Issues
- Whether nondisclosure of an earlier prosecution justified automatic discharge without an individual assessment of suitability.
Provisions considered
- Rule 52, Railway Protection Force Rules, 1987Antecedent verification required an objective determination of suitability for the force in light of the particular facts, rather than automatic discharge for nondisclosure. (¶¶ 9-11, 15, 18)
Held
- Candidates must furnish correct antecedent information, and suppression gives no unfettered right to appointment or continued service. The employer must nevertheless act reasonably and objectively, considering the post, duties, nature of the case and significance of the lapse under the applicable rules. Suppression does not itself justify automatic termination in every case. (¶ 10-13)
- The original recruitment application contained no false disclosure because the criminal case arose subsequently. The later attestation answers required consideration in their own context: the allegations were trivial, did not involve moral turpitude and ended in a clean acquittal after the complainant disowned the incident. (¶¶ 7-8, 15-17)
- Even after the Court directed reconsideration under Avtar Singh, the employer merely repeated the facts and maintained discharge without assessing suitability under Rule 52. The discharge and review orders therefore could not stand. Anil Kanwariya, involving an undisclosed conviction predating the recruitment application, was distinguishable. (¶ 14-18)
Result
Appeal allowed without costs. The High Court judgment, discharge order and review order were quashed. Reinstatement as Constable with notional pay, seniority and consequential benefits was directed within one month; salary arrears for the period not served were denied. Pending applications disposed of.