UNION OF INDIA Vs. SHRI RAM DAYAL

JUDGEMENT

(1.) THE present writ petition has been filed by the petitioners against the order of the Central Administrative Tribunal, Jodhpur Bench, Jodhpur (referred to hereinafter as the Tribunal') dated 27. 9. 1999.

(2.) THE respondent No. 1 was one of the incumbents for being enrolled as a Jeep Driver before the petitioner authorities. He filled in a form Annex. A/1. In the form there was a column which said that have you ever been prosecuted. This was to be answered in `yes' or `no'. THE respondent No. 1 answered this column in `no'. THE case of the petitioners is that the respondent No. 1 had been prosecuted, held guilty and then granted benefit of the provisions of the Probation of Offenders Act. THEse facts have not been controverted by the respondent No. 1. THE case of the petitioners is that in the application form warnings were appended on the top. THEse read as under:- "warnings: 1) THE furnishing of false information or suppression of any factual information in the Attestation Form would be disqualification and is likely to render the candidate unfit for employment under the Government. 2) If detained, convicted, debarred etc. subsequent to the completion and submission of this Form, the details should be communicated immediately to the Union Public Service Commission or the Authority to whom the Attestation Form has been sent earlier, and the case may be, failing which it will be deemed to be a suppression of factual information. 3) If the fact that false information has been furnished or that there has been suppression of any factual information in the attestation form comes to notice at any time during the service of a person, his services would be liable to be terminated. "

(3.) LEARNED counsel for the petitioners has further submitted that the Full Bench of this Court has relied upon a Supreme Court decision rendered in Delhi Administration vs. Sushil Kumar (3), and has laid stress on the finding of the Supreme Court: "the criminal offences, the same has nothing to do with the question. What would be relevant is the conduct or character of the candidate to be appointed to a service and not the actual result thereof. "