K P SUKUMARAN Vs. UNION OF INDIA UOI

JUDGEMENT

(1.) Is conviction under the Gaming Act a disqualification for appointment Fertilisers and Chemicals, Travancore Ltd., (F.A.C.T), Cochin Division, a public sector undertaking thinks it is; the petitioner appellant thinks otherwise. That is how the matter has reached this Court.

(2.) In December, 1977, F.A.C.T. invited applications for. the posts of Typist Clerks. The petitioner appellant was an applicant. There was no prescribed form and the petitioner appellant submitted an application in his own hand stating his qualifications and experience and enclosing the relevant certificates. He sat for a written test, submitted to a typing test and faced an interview in May, 1979. In June, 1979, the company informed the petitioner appellant that they had the pleasure in offering him the appointment as Typist-Clerk. He was told that his appointment would be subject to the conditions that he was and continued to be medically fit and that he did not have more than one spouse living in which respect he was to furnish a declaration in the attached performa. He was directed to report for duty at F.A.C.T. Cochin Division, Personnel Department, Ambalamedu, on 9-7-1979, failing which the offer of appointment would be treated as cancelled.

(3.) There is no dispute that the petitioner appellant reported for duty on 9th July. In fact, he submitted the performa described as an "attestation form" on 5th July with his signature, stating that he was "fined an amount of Rs. 50/- (Rupees fifty only) by the Court of Second Class Judicial Magistrate, Chittoor, on 11-9-1978 against the case filed by the S.I. of Police, Pudunagaram under S.7 and S of the K.G. Act" (Kerala Gaming Act). On 9-7-1979 he also filed the prescribed "application for employment form" handed over to him. Column 16 regarding previous arrest and previous conviction was, left. blank. He was not allowed to join duty and in October, 1979, he was informed thus:- (Ext. P2).