Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law: Recruitment-Attestation Form-Suppression of material information- Disqualification-Column 12 of Attestation Form requiring for information about conviction by a court of law or detention under any Central/State prevemive detention laws. |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Service Law: Recruitment-Attestation Form-Suppression of material information-Disqualification-Column 12 of Attestation Form requiring for information about conviction by a court of law or detention under any Central/State preventive detention laws-Candidate not mentioning about his arrest and pendency of a criminal case against him-Appointment refused-Held, conviction by a court or detention under any Central/State preventive detention laws is different from arrest in any case or pendency of a case-In view of specific language of Column 12 candidate cannot be found guilty of any ' suppression. Respondent was selected as Stipendiary Cadet Trainee Police Constable (Civil), but was not allowed to join the required training programme. He approached the Tribunal. It was brought to the notice of the Tribunal that the respondent had been arrested under various provisions of IPC and Andhra Pradesh Public Examination Prevention of Malpractice and Unfair Means Act, 1997, which fact the respondent suppressed in the Attestation Form, and as such he was not eligible to be appointed. The Tribunal held that the respondent was not a person of good conduct and character since he had suppressed material information and dismissed the application. However, the High Court allowed respondent's writ petition holding that there was no requirement in Column 12 of the Attestation Form to mention about any pending case or arrest, and, therefore, the action of the authorities could not be sustained. Aggrieved, the State Government filed the appeal. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2005 INSC 69 |
Petitioner | Secy. Deptt. Of Home A.p. And Ors. |
Respondent | B. Chinnam Naidu |
SCR | [2005] 1 S.C.R. 1147 |
Judgement Date | 2005-02-09 |
Case Number | 1014 |
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