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TMI Blog2012 (7) TMI 1009X X X X Extracts X X X X X X X X Extracts X X X X ..... his matter to be considered by a larger Bench of this Court. Registry is directed to place all the relevant documents before the Hon’ble the Chief Justice for constitution of a larger Bench. X X X X Extracts X X X X X X X X Extracts X X X X ..... the above decision, the learned counsel for the appellant while seeking leave to challenge the order impugned placed reliance upon the three other decisions of this Court, namely, Kamal Nayan Mishra Vs. State of Madhya Pradesh & Ors.- 2010 (2) SCC 169; order dated 19.8.2011 in Ram Kumar Vs. State of U.P. & Ors. - Civil Appeal No. 7106/2011 and Commissioner of Police and Ors. Vs. Sandeep Kumar - (2011) 4 SCC 644. 10. Relying upon the above referred decisions, the learned counsel contended that a different view than what has been expressed by this Court in Kendriya Vidyalaya Sangathan Vs. Ram Ratan Yadav (supra) in the matter of employment in Police services has been stated and the appellant being identically placed, he is entitled for the same relief as was granted in the above referred to decisions. 11. Learned counsel for the State, however, contended that the decision reported in Kendriya Vidyalaya Sangathan Vs. Ram Ratan Yadav (supra) having laid down the principle after referring to the earlier decisions on this issue and that in a series of subsequent decisions, the said view having been followed consistently, no interference is called for to the order of the High Court impu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o not befitting the nature of service for which such recruitment was made, the State would be well within its powers to resort to cancellation of such appointment when the appointee was under-going probation in order to ensure cleanliness in the service. 16. We feel it appropriate to make a brief reference to the principles laid down in the various decisions pro and cons in order to pass appropriate orders in this appeal. 17. In Delhi Administration through its Chief Secretary and Ors. v. Sushil Kumar (supra); this Court held: "3. It is seen that verification of the character and antecedents is one of the important criteria to test whether the selected candidate is suitable to a post under the State. Though he was found physically fit, passed the written test and interview and was provisionally selected, on account of his antecedent record, the appointing authority found it not desirable to appoint a person of such record as a Constable to the disciplined force. The view taken by the appointing authority in the background of the case cannot be said to be unwarranted. The Tribunal, therefore, was wholly unjustified in giving the direction for reconsideration of his case. Though ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the Tribunal that the facts of the case in the aforesaid decision were different from the facts of the present case. And it is also true that in that case pending the service which was continued pursuant to the order of the Tribunal the candidate concerned acquired the requisite qualification and hence his appointment was not disturbed by this Court. But that is neither here not there. As laid down in the aforesaid decision, if by committing fraud any employment is obtained, such a fraudulent practice cannot be permitted to be countenanced by a court of law. Consequently, it must be held that the Tribunal had committed a patent error of law in directing reinstatement of the respondent- workmen with all consequential benefits." (Emphasis added) 19. In Regional Manager, Bank of Baroda Vs. Presiding Officer, Central Govt. Industrial Tribunal and Anr. (supra), this Court held: "6.Learned counsel for the appellant submitted that once the Labour Court has found that the respondent was guilty of suppression of relevant facts and had also snatched an order of appointment which would not have been given to him had he not deliberately concealed the fact about the aforesaid prosecution ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at the offences, in which the respondent was alleged to have been involved, were also not of serious nature. In the present case the respondent was to serve as a Physical Education Teacher in Kendriya Vidyalaya. The character, conduct and antecedent of a teacher will have some impact on the minds of the students of impressionable age. The appellants having considered all the aspects passed the order of dismissal of the respondent from service. The Tribunal after due consideration rightly recorded a finding of fact in upholding the order of dismissal passed by the appellants. The High Court was clearly in error in upsetting the order of the Tribunal. The High Court was again not right in taking note of the withdrawal of the case by the State Government and that the case was not of a serious nature to set aside the order of the Tribunal on that ground as well. The respondent accepted the offer of appointment subject to the terms and conditions mentioned therein with his eyes wide open. Para 9 of the said memorandum extracted above in clear terms kept the respondent informed that the suppression of any information may lead to dismissal from service. In the attestation form, the respon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appellant had suppressed a material fact. In a case of this nature, we are of the opinion that question of exercising an equitable jurisdiction in his favour would not arise." (Emphasis added) 23. In Union of India and Ors. Vs. Bipad Bhanjan Gayen- (supra), this Court held: "10. It bears repetition that what has led to the termination of service of the respondent is not his involvement in the two cases which were then pending, and in which he had been discharged subsequently, but the fact that he had withheld relevant information while filling in the attestation form. We are further of the opinion that an employment as a police officer pre-supposes a high level of integrity as such a person is expected to uphold the law, and on the contrary, such a service born in deceit and subterfuge cannot be tolerated." (Emphasis added) 24. In Daya Shankar Yadav Vs. Union of India & Ors. (supra), all the earlier decisions right from Delhi Administration through its Chief Secretary and Ors. Vs. Sushil Kumar (supra) ending with Union of India & Ors. Vs. Bipad Bhanjan Gayen(supra) including Kendriya Vidyalaya Sangathan Vs. Ram Ratan Yadav(supra) were considered in detail and the preposition o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pondent as a constable. Surely, the authorities entrusted with the responsibility of appointing constables were under duty to verify the antecedents of a candidate to find out whether he is suitable for the post of constable and so long as the candidate has not been acquitted in the criminal case of the charges under Sections 148/323/380/427/596 IPC, he cannot possibly be held to be suitable for appointment to the post of constable." (Emphasis added) 26. As against the above decisions, a contrary view has been expressed by this Court in Commissioner of Police, Delhi & Anr. Vs. Dhaval Singh (supra), Kamal Nayan Mishra Vs. State of Madhya Pradesh and Ors.(supra), Commissioner of Police and Ors. Vs. Sandeep Kumar (supra) and in an un-reported decision in Ram Kumar Vs. State of U.P. and Ors.(supra). 27. In Commissioner of Police, Delhi & Anr. Vs. Dhaval Singh (supra), the factum of concealment of relevant information, namely, pendency of a criminal case against the concerned applicant was not in dispute. This Court, however, distinguished the said case by stating that after the provisional selection as well as the interview and before the order of appointment was issued, he voluntari ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ut any proper application of mind and without taking into consideration all relevant material. The Tribunal, therefore, rightly set it aside. We uphold the order of the Tribunal, though for slightly different reasons, as mentioned above. (Emphasis added) 28. In the decision in, Kamal Nayan Mishra Vs. State of Madhra Pradesh & Ors.(supra), the ratio decidendi in Kendriya Vidyalaya Sangathan Vs. Ram Ratan Yadav(supra) has been set out in para 14: "14. Therefore, the ratio decidendi of Ram Ratan Yadav is, where an employee (probationer) is required to give his personal data in an attestation form in connection with his appointment (either at the time of or thereafter), if it is found that the employee had suppressed or given false information in regard to matters which had a bearing on his fitness or suitability to the post, he could be terminated from service during the period of probation without holding any inquiry. The decision dealt with a probationer and not a holder of a civil post, and nowhere laid down a proposition that a confirmed employee holding a civil post under the State, could be terminated from service for furnishing false information in an attestation form, witho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ong with the report dated 15.01.2007 of the Jaswant Nagar Police Station to the Senior Superintendent of Police, Ghaziabad, but it appears from the order dated 08.08.2007 of the Senior Superintendent of Police, Ghaziabad, that he has not gone into the question as to whether the appellant was suitable for appointment to service or to the post of constable in which he was appointed and he has only held that the selection of the appellant was illegal and irregular because he did not furnish in his affidavit in the proforma of verification roll that a criminal case has been registered against him. As has been stated in the instructions in the Government Order dated 28.04.1958, it was the duty of the Senior Superintendent of Police, Ghaziabad, as the appointing authority, to satisfy himself on the point as to whether the appellant was suitable for appointment to the post of a constable, with reference to the nature of suppression and nature of the criminal case. Instead of considering whether the appellant was suitable for appointment to the post of male constable, the appointing authority has mechanically held that his selection was irregular and illegal because the appellant had furni ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed service is quite distinct from other services and, therefore, any deliberate statement or omission regarding a vital information can be seriously viewed and the ultimate decision of the appointing authority cannot be faulted. (viii) An employee on probation can be discharged from service or may be refused employment on the ground of suppression of material information or making false statement relating to his involvement in the criminal case, conviction or detention, even if ultimately he was acquitted of the said case, inasmuch as such a situation would make a person undesirable or unsuitable for the post. (ix) An employee in the uniformed service pre-supposes a higher level of integrity as such a person is expected to uphold the law and on the contrary such a service born in deceit and subterfuge cannot be tolerated. (x) The authorities entrusted with the responsibility of appointing Constables, are under duty to verify the antecedents of a candidate to find out whether he is suitable for the post of a Constable and so long as the candidate has not been acquitted in the criminal case, he cannot be held to be suitable for appointment to the post of Constable. 32. When we co ..... 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