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TMI Blog2003 (2) TMI 559X X X X Extracts X X X X X X X X Extracts X X X X ..... ing of the word 'prosecution' or 'conviction'. Under the misconceived notion, he did not take note of the column No. 12 in the attestation form. He also submitted that whatever was done by him, was in order to get employment because at the relevant time, he was undergoing great difficulty. It was his case that the incident took place at Raipur Square (Jabalpur) where number of persons were raising their grievances against the State authorities relating to non-grant of earthquake relief; he was not at all part of that mob; while he was passing, a few demonstrators who were his friends pulled him into the mob; he, all of a sudden, later learnt that a case has been registered against him under Sections 323, 341, 294, 506-B read with Section 34 IPC. The Tribunal dismissed the O.A. at the admission stage itself observing that "the intention for suppression and giving false information and the explanation following it that lack of knowledge in English resulted in the misunderstanding of the meaning of the word 'prosecution' does not inspire any confidence in us. In the instance case, the applicant is a Graduate and a bare look of the Attestation indicates tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4.1999 terminating services of the respondent was issued. He contended that the High Court committed a serious error in setting aside the order of the Tribunal on the ground that the medium of instruction of the respondent being Hindi and that the criminal case had been withdrawn which was of not serious nature; the respondent having obtained the degrees of B.A., B.Ed. and M.Ed., it could not be accepted that he could not understand as to what is stated in column No. 12; subsequent withdrawal of criminal case or that the offences were not serious were immaterial; the question, whether on the date when he filed the attestation form, the respondent suppressed the information or made a false statement, was material. The learned counsel further added that the High Court was not justified in setting aside the order passed by the Tribunal exercising power of judicial review; the High Court was also not right in relying upon the case or Regional Manager, Bank of Baroda v. Presiding Officer, Central Govt. Industrial Tribunal and Anr. (1999)IILLJ148SC which was on the peculiar facts of that case. 5. The learned counsel for the respondent made submissions in support of the impugned order. A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion or bound down/fined convicted by a Court of Law of any offence? 13. Is any case pending against you in any Court of Law at the time of filing up this attestation form NO". 9. The respondent has also certified the information given in the said attestation form as under:- "I certify that the foregoing information is correct and complete to the best of my knowledge and belief. I am not aware of any circumstances which might (SIC)mpair my fitness for employment under Government." 10. The memorandum dated 7/8.4.1999 terminating the services of the respondent refers to column Nos. 12 and 13 of the attestation form, the criminal case registered against the respondent on the basis of the report given to the appellants by IGI police, suppression of material information by the respondent while submitting attestation form and violating the clause stipulated under para 9 of the offer of appointment issued to him, O.M. dated 1.7.1971 of Cabinet Secretary, Department of Personnel, New Delhi, in which it is clearly mentioned that furnishing of false information or suppression of factual information in the attestation form would be disqualification and is likely to render ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... date was to ascertain and verify the character and antecedents to judge his suitability to continue in service. A candidate having suppressed material information and/or giving false information cannot claim right to continue in service. The employer having regard to the nature of the employment and all other aspects had discretion to terminate his services, which is made expressly clear in para 9 or the offer of appointment. The purpose of seeking information as per columns 12 and 13 was not to find out either the nature or gravity of the offence or the result of a criminal case ultimately. The information in the said columns was sought with a view to judge the character and antecedents of the respondent to continue in service or not. The High Court, in our view, has failed to see this aspect of the matter. In went wrong in saying that the criminal case had been subsequently withdrawn and that 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 mi ..... 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