Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Service Law:Appointment of Fireman - Provisionally selected candidate required to disclose in verification roll if he had been involved in criminal case and non-disclosure would render him liable to dismissal - Non-disclosure by selectee on the pretext that he was ultimately acquitted - Selection not made - Challenge against - Held: He was rightly not selected as he suppressed material facts - In such situation, question of exercising equitable jurisdiction in his favour would not arise - Equity.The appellant filed an application for the post of Fireman on 5.1.2000. He was provisionally selected whereafter he submitted a verification roll. The verification roll contemplated that in case the statement furnished by the selectee is found false, it would render him liable to dismissal. In the clauses as to whether selectee has been concerned in any criminal case as accused, or whether any civil or criminal cases pending against him or whether had been arrested or convicted and sentenced to undergo imprisonment or pay fine in any criminal or other offence, the appellant had answered in negative.He however, was involved in an incident which occurred on 15.04.2000, and was proceeded against under Section 294(b) of the Indian Penal Code. He was arrested but was released on bail. He was acquitted of the said charge on 25.09.2000. He was not selected on the premise that he had made false statement in his verification roll, in regard to the pend ency of the aforementioned case.He filed OA before Administrative Tribunal which was allowed on the ground that as he had been acquitted in the criminal case and hence there did not exist any reason denying appointment to the post of Fireman. The employer-respondent successfully filed writ petition before the High Court. Hence the present appeal. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2007 INSC 1081 |
Petitioner | R. Radhakrishnan |
Respondent | The Director General Of Police And Ors. |
SCR | [2007] 11 S.C.R. 456 |
Judgement Date | 2007-10-12 |
Case Number | 4874 |
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