State of Uttar Pradesh & Anr. v. Dinesh Kumar

Background

The respondent was selected for appointment as SahayakSamiksha Adhikari pursuant to a recruitment process conducted by the Uttar Pradesh Public Service Commission. In the attestation and verification forms, he declared that no criminal cases were pending against him. In fact, two criminal cases were pending at the relevant time, including offences under ss. 147, 323, 504, 506, 325 IPC and s. 354D IPC read with s. 12 POCSO Act. Upon discovery during police verification, his appointment was cancelled. The High Court set aside the cancellation, leading to the present appeal.

 

Issues Framed

• Whether cancellation of appointment was justified on account of suppression of material information regarding pending criminal cases.
• Whether subsequent disclosure, acquittal, or favourableopinion of the District Magistrate could cure such suppression.
 

Court’s Reasoning

• Duty of full disclosure: The Court emphasised that truthful disclosure in attestation and verification forms is a foundational requirement for public employment, rooted in fairness, integrity, and public trust.
• Effect of disclaimers: Both forms expressly warned that furnishing false information or suppressing material facts would render the candidate ineligible for government service. These stipulations were binding and unambiguous.
• Nature of suppression: The respondent answered falsely twice—in both the attestation and verification forms—despite pending investigations. This was held to be deliberate concealment rather than inadvertent omission.
• Irrelevance of subsequent events: Subsequent acquittal, later disclosure by affidavit, age of the candidate, or a favourable opinion by the District Magistrate could not neutralise the initial act of suppression, which must be judged as on the date of submission of forms.
• Limits of equitable considerations: While precedents such as Avtar Singh v. Union of India recognise that non-disclosure may not always be fatal, the present case fell outside that protective zone due to repeated and conscious false statements. Sympathy cannot supplant law.
 

Decision 

The appeal was allowed. The judgments of the Single Judge and Division Bench were set aside, and cancellation of the respondent’s appointment was upheld. 

 

Ratio

Where a candidate for public employment deliberately and repeatedly suppresses the existence of pending criminal cases in attestation and verification forms containing clear disclaimers, such suppression renders the candidate ineligible for appointment, irrespective of subsequent disclosure or acquittal.

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