RAMESHWAR PRASAD MEENA Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) Petitioner by this writ petition seeks a writ of certiorari to quash the order dated 6th January, 2003, passed by the Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter referred to as the 'Tribunal'). The Tribunal by the said order dismissed the original application, moved by the petitioner, seeking quashing of decision dated 20th August, 2001 of the Dy. Commissioner of Police, cancelling the candidature of the petitioner for the post of Constable(Driver) in Delhi Police.

(2.) Petitioner pursuant to an advertisement published in the newspaper for recruitment of Constable(Driver) had applied for the post. Petitioner cleared the physical requirement test, as also the road test and driving test held. Petitioner was thereafter directed to appear for an interview which also he cleared. The medical test of the petitioner was conducted on 19th September, 2000. Petitioner was duly selected for the post of Constable(Driver) and directed to deposit original matriculation certificate. Petitioner was required to submit an attestation form. The said form required the petitioner to answer, inter alia, the following question: 13 (a) Have you been arrested/prosecuted kept under detention or bound down/fined, convicted by a court of law for any offence of debarred/disqualified by any public service commission from appearing at its examination selection or debarred from any other educational authority/institution. (b) If any case pending against you in any court of law university or any other education authority/institution at the time of filling up this attestation form (if the answer to (a) and (b) is "Yes", full particulars of the case arrest, detention, fine, conviction sentence etc., in the nature of the case pending in the country, university/education authority etc., at the time of filling up this form should be given. (3) Petitioner answered 'NO' to both these questions and the form was submitted on 29th June, 2000. The attestation form at the beginning also carried the following warning in clear terms: "WARNING : the furnishing of the false information or suppression of any factual information in the attestation form would be disqualified and is likely to render candidate unfit for employment under the Government.

(3.) If detained convicted debarred etc., subsequently on completion and submission of this form the detail as should be communicated immediately to the UPSC or the authority to whom the attestation form has been sent earlier, as the case may be failing which it will be deemed to be suppression of factual information."