UNION OF INDIA Vs. RAMESH BISHNOI

JUDGEMENT

(1.) Leave granted.

(2.) This appeal pertains to the appellants (Union of India) denying appointment to the respondent, (even though selected) on the post of Sub-Inspector, on the ground of a criminal case having been registered in the past against the respondent.

(3.) Brief facts relevant for the purpose of this case are that in response to an advertisement dated 28.03.2015, for recruitment on the post of Sub-Inspector in the Central Industrial Security Force (for short 'CISF') issued by the Staff Selection Commission (SSC), the respondent had appeared in the written examination and physical endurance test and was thus selected and offered appointment on 15.09.2016. The respondent was then required to submit a form, wherein there was a column relating to whether any First Information Report (for short 'FIR') had been lodged against the respondent in the past. The respondent had given the details of the FIR (No.70/2009) under Sections 354, 447 and 509 of the Indian Penal Code (for short 'IPC') having been lodged against the respondent and in the further column of the questionnaire form, the respondent had clearly mentioned that on the matter having been compromised, he was acquitted of the aforesaid offence on 24.11.2011, as there was no evidence adduced against the respondent. The respondent had thus rendered all necessary information regarding the criminal case lodged against him and did not conceal any material fact. The case was then referred to the Standing Screening Committee, which found the respondent unsuitable for appointment in CISF on the aforesaid ground that a criminal case had been lodged against him in the past. Consequently, on 03.06.2017 the National Industrial Security Academy cancelled the appointment of the respondent, on the ground of registration of a criminal case in the past.