YASHVEER SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE instant writ petition has been filed seeking a direction to quash the impugned order Annex. 5 dated 16. 5. 1998 and reinstate the petitioner in service with all consequential benefits and relief.

(2.) THE facts and circumstances giving rise to instant writ petition are that in response to the advertisement issued by the respondents, petitioner, holding the requisite qualification, applied for the post of Physical Education Teacher and faced interview before the Selection Committee. He was appointed and posted at the Government Upper Primary School, Bida. Ultimately, vide impugned order Annex. 5 dated 16. 5. 1998, his services stood terminated without any notice or opportunity of hearing on the ground that the Character Verification was not proper and genuine and there is concealment of material fact in column No. 15 of the Character Verification Form. Hence this writ petition.

(3.) IT is difficult to say that information which was required from the petitioner in Column No. 15 of the Character Certificate was in respect of only those offences which were related to moral turpitude. Suitability for a post has several dimensions. Even if an offence is not related to moral turpitude, the motive behind commission of the offence, the circumstances in which the offence was committed, the manner of commission of the offence, the consequences arising from commission of the offence, may be relevant for the purpose of assessing the suitability of the candidate for a post. The fact that the petitioner was prosecuted in a criminal trial is a material fact, suppression whereof, when enquired about, would entitle the employer to inflict penalty in accordance with law. The petitioner was ultimately discharge by the criminal court, which does not obliterate the fact of pendency of criminal case in the Court. The suppression of such material fact by itself disentitles the petitioner to remain in services. All those persons who desire employment under the State must, therefore, be deemed to be under a legal duty to speak the truth to the employer not only while applying for the post but also when appearing in the written examination or during the interview or at any time thereafter. IT is, therefore, absolutely necessary that a person who is desirous to be appointed in Government Service, must consider it his duty to respond and to answer truly without committing "suppressio veri" and "suggestio falsi" while dealing with the employer or with the subjects.