DAYA SHANKAR YADAVversusUNION OF INDIA & ORS.

                 [201 OJ 13 (ADDL.) S.C.R. 1076


A                    DAYA SHANKAR YADAV
                                v.
                     UNION OF INDIA & ORS.
                 (Civil Appeal No. 9913 of 2010)
                       NOVEMBER 24, 2010
B
         [R.V. RAVEENDRAN AND H.L. GOKHALE, JJ.]

        Service Law:

C       Central Civil Services (Temporary Service) Rules, 1965
  - r. 5(1) - Termination of service - Selection and appointment
  of employee as constable - Furnishing of false factual
  information by employee in the verification roll as regards
  criminal case registered against him - Termination of service
  - Upheld by High Court - Held: Justified - Employee was not
D truthful in giving material information regarding his
  antecedents which were relevant for employment in a
  uniformed service - He knowingly made a false statement
  that he was not prosecuted in any criminal case - It cannot
  be said that he was misled into answering the question
E wrongly - Central Reserve Police Force Rules, 1955 - r.
    14(b).

      Appointment - Verification form - Questions in - Held:
  Should be clear and simple and straightforward - Variation
F between English and Hindi version should be avoided -
  Ambiguity and vague questions would lead to hardship and
  mistakes.
      The appellant was selected and appointed as a
  Constable in the Central Reserve Police Force. He was
G terminated from service since he gave false information
  in the verification form by concealing the facts. The
  appell,ant filed a departmental appeal and the same was
  dismissed. The appellant then filed a writ petition. The

H                              1076
 DAYA SHANKAR YADAV v. UNION OF INDIA & ORS.1077


  High Court dismissed the petition holding that the              A
  appellant ought to have answered the query in the
  verification form requiring him to disclose whether any
  criminal case registered against him was pending before
  any court and whether he had been convicted by any
  court, as 'yes' and furnished the particulars of the criminal   B
  prosecution even if he had been acquitted in the criminal
  case; and that the answer 'no' to query amounted to
  concealment of relevant information and, therefore, his
  termination from service was justified. Therefore, the
1 appellant filed the instant appeal.                             c
     Dismissing the appeal, the Court

     HELD: 1.1 An employee on probation can be
discharged from service or a prospective employee may
be refused employment: (i) on the ground of D
unsatisfactory antecedents and character, disclosed from
his conviction in a criminal case, or his involvement in a
criminal offence or other conduct (like copying in
examination) or rustication or suspension or debarment
from college etc; and (ii) on the ground of suppression E
of material information or making false statement in reply
to queries relating to prosecution or conviction for a
criminal offence (even if he was ultimately acquitted in the
criminal case). This ground is distinct from the ground of
previous antecedents and character, as it shows a F
current dubious conduct and absence of character at the
time of making the declaration, thereby making him
unsuitable for the post. [Para 10] [1088-C-F]        Jr.


     1.2 If the object of the query is to ascertain the
antecedents and character of the candidate to consider            G
his fitness and suitability for employment, and if the
consequence of a wrong answer could be rejection of his
application for appointment, or termination from service
if already appointed, the least that is expected of the
                                                                  H
   1078 SUPREME COURT REPORTS [2010] 13 (ADDL.) S.C.R.


A employer is to ensure that the query was clear; specific
  and unambiguous. Obviously, the employer cannot
  dismiss/discharge/ terminate. an employee, for
  misunderstanding a vague and complex question, and
  giving a wrong answer. [Para 13] [1091-E-F]
B
       2.1 It is hoped that the CRPF and other uniformed
  services would use clear and simple questions and avoid
  any variations between the English and Hindi versions.
  They might also take note of the fact that the ambiguity
  and vague questions would lead to hardship and
C mistakes and make the questions simple, clear and
  straightforward. [Para 14] [1091-G]

       2.21n the instant case, the appellant is not entitled to
  any benefit of doubt on the question whether he knew
D the meaning and purport of questions 12(a) and (b). Even
  assuming that there was ambiguity in the English version
  of the questions, a reading of the Hindi version of the
  questions shows a clear indication of the information that
  was required to be furnished by the declarant. The
E appellant read the questions in Hindi and answered them
  in Hindi. An English translation of query 12(a) extracted
  in Hindi shows that there was no ambiguity in regard to
  the question. [Para 15] [1091-H; 1092-A-B]

       3.1 It is not disputed that a criminal case was
F registered against the appellant. The fact that no criminal
  case was pending against him, when he gave the
  verification declaration in the year 2004, or the fact that
  he was not convicted or fined or bound down in any
  case, loses relevance, when he clearly suppressed the
G material fact that he was prosecuted and thereby made
  a false statement. Though the English version of the
  questions could have used a little more clarity, it cannot
  be said that he was misled into answering the question
  wrongly, as the Hindi version of the questions which
H
DAYA SHANKAR YADAV v. UNION OF INDIA & ORS.1079


were answered by the appellant did not suffer from any            A
vagueness or ambiguity. [Para 15] [1092-E-G]

  . 3.2 The appellant had knowingly made a false
statement that he was not prosecuted in any criminal
case. Therefore, the employer (CRPF) was justified in
                                                                  8
dispensing with his services, for his not being truthful in
giving material information regarding his antecedents
which were relevant for employment in a uniformed
service, and that itself justified his discharge from service.
[Para 16] [1092-H; 1093-A]
                                                                  c
    Delhi Administration, v. Sushi/ Kumar 1996 (11) SCC
605; Kendriya Vidyalaya Sangathan v. Ram Ratan Yadav
2003 (3) SCC 437; R. Radhakrishnan vs. Director General
of Police 2008. (1) SCC 660; Union of India vs. Bipad Bhanjan
Gayen 2008 (11) SCC 314; Secretary, Department of Home, D
A.P. vs. B. Chinnam Naidu 2005 (2) SCC 746; State of
Haryana v. Dinesh Kumar 2008 (3) SCC 222 - referred to.

                 .. Case Law Reference:
    1996 (11) sec 605            Referred to.        Para 6       E

    2003 (3) sec 437             Referred to.        Para 6.1
    2008 (1) sec 660             Referred to.        Para 6.2
    2008 (11) sec 314            Referred to.        Para 6.3
                                                                  F
    2005 (2) sec 146             Referred to.        Para 7.1
    2008 (3) sec 222             Referred to.        Para 7.2
    CIVIL APPELLATE JURISDICTION : Civil Appeal No.
9913 of 2005.                                                     G

     From the Judgment & Order dated 03.08.2006 of he High
Court of Judicautre at Allahabad in Writ Petition (C) No. 65585
Of 2005.
                                                                  H
    1080 SUPREME COURT REPORTS [2010) 13 (ADDL.) S.C.R.


A         S.R. Singh, Bimal Roy Jad, Vikram Rathore, B.K. Khurana
    for the Appellant.

         Rachana Joshi lssar, Nidhi Tewari, Shailendra Sharma,
    S.N. Terdal, Sushma Suri for the Respondents.

B        The Judgment of the Court was delivered by

         R.V.RAVEENDRAN, J. 1. Leave granted.
       2. The appellant was selected and appointed as a
C Constable in the Central Reserve Police Force on 12.6.2003.
  Rule 14(b) of the Central Reserve Police Force Rules, 1955
  required every newly r~cruited employee to furnish factual
  information about himself. In view of it, the appellant was
  required to fill up and sign a Verification Roll (for short 'the form'),
  which he did on 6.7.2004. The form starts with the following
D warnings:

         "1. The furnishing of false information or suppression of
         any factual information in the Verification Roll would be a
         disqualification and is likely to render candidate unfit for
E        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 Verification Roll
F
         has been sent earlier, as the case may be, failing which it
         will be deemed to be a suppression of factual information.

         3. If the fact that the false information has been furnished
         or that there has been suppression of any factual
G        information in the Verification Roll comes to notice at any
         time during the service of a person, his services would be
         liable to be terminated."

  Queries 12(a) and (b) in the form relating to the antecedents
H of the employee are extracted below :
DAYA SHANKAR YADAV v. UNION OF INDIA & ORS.1081
           [R.V. RAVEENDRAN, J.]

    "12 CRlT 31N fcom '1f'm""<T cf;~~~%', m 31N 1R ~ ~ 1T11T                          A
    %m ~ ITTn=rcr if oo lflIT %m ~ ;:;rrfR(f 111 ~ lflIT %m M
    ~ wu ·:mi:r 111 ~ fui<:rr 1T11T %m zjq-~ fui<:rr 1T11T %m '3w:fCIIT M
    CifrCfi" oo '31T1iM WU '3\1 M i:rftm ~ if CifuffI '31\ITT" Ol?<Tl:lT lflIT %m M
    fcr~cif21EJ1\i1l! m ~Tm i;w~ ~ wu i:rftw ~ Cifuff fui<:rr lflIT/f.ic!m;rr 1Tm
    %°!                                                                               B
     "12.(a) Have you ever been arrested, prosecuted, kept
     under detention or bound down/fined, convicted, by a court
     of law for any offence or debarred/disqualified by any
     Public Service Commission from appearing at its
     examination/selections, or debarred from taking any                              C
     examination/restricted by any University or any other
     education authority/Institution ?
     12 <Sr.~~~%\"~~ '3TI'Tcf; ~ M                                     ~ if/<rr
     fcr~cif21m1\i1l! if m M fum ~~if CliTif cfi\1 ~            m     %°?~(ct) m
                                                                                      0
      (<Sr) q;r \3W 'BT' °ITT ill~. fi'1Na1f1, ITTmcr, ~. zjq-~ zy-g '3DR q;r
                m
     <ZfRT ~ '3f1<:        fcl;-zrr; i:nr:f %\" ~ ~/fcr~21RlEJ1\i1l!/fum ~ cfi
     "CJffi ~ WITT q;r ~ ~ "®" %° !"
     (b) Is any case pending against you in any court of law,
     University or any other education authority/institution at the                   E
     time of filling up this Verification Roll? If answer to (a) or
     (b) is 'yes' then give details of prosecution, detention, fine,
     conviction, and punishment etc. and state about the case
     pending with the Court/University/Education authority at the
     time of filling in t.his form."
                                                                                      F
The appellant answered both ~hese questions in the negative
by writing 'Nahin' (i.e. 'no'). The form was filled in Hindi, a
language understood by the appellant.
     3. The said form was referred to the Police for verification,                    G
who reported that Crime case No.67/1997 had been registered
against the appellant in the Police Station, Bahariya, for
offences punishable under sections 323/504/506 IPC and that
the court had however discharged him on 17 .1.2001, after trial.

     4. In view of the said report, the fifth respondent (Addi.                       H
    1082 SUPREME COURT REPORTJ [2010] 13 (ADDL.) S.C.R.


A Dy.IG,CRPF, Allahabad) issued a notice dated 27.5.2005
  alleging that the appellant had given false information in the
  verification form by concealing facts and called upon him to
  show cause why his services should not be terminated. The
  appellant sent a reply dated 4.6.2005 stating that the relevant
B clause in the verification form required him to disclose whether
  any criminal case registered against him was pending before
  any court and whether he had been convicted by any court; and
  that as he was discharged in the criminal case and as no case
  was pending against him before any court or authority, and as
c he was never sent to jail, he had answered the relevant query
  in the negative and that he had not misrepresented or
  suppressed any fact nor given false information.

           5. By order dated 25.6.2005, the fifth respondent
    terminated the services of the appellant under Rule 5(1) of the
D   Central Civil Services (Temporary Service) Rules, 1965. The
    departmental appeal filed by the appellant was dismissed by
    the Inspector General of Police, CRPF, Lucknow (third
     respondent herein), by order dated 23.9.2005. Thereafter the
    appellant filed a writ petition challenging the order of termination
E   which was dismissed by the High Court by the impugned order
    dated 3.8.2006. The High Court held that the appellant ought
    to have answered the query 12(a) as "yes" and furnished the
    particulars of the criminal prosecution even if he had been
    acquitted in the criminal case. It was of the view that as he was
F   prosecuted in a criminal case, appellant's answer to query
    12(a) as 'no' amounted to concealment of relevant information
    and therefore his termination from service was justified. The
    said order is challenged in this appeal by special leave. The
    question is whether termination of the service of appellant was
G   justified.

    The legal position

        6. This Court has considered the consequences of making
  a false statement or suppressing material information in
H verification forms in several decisions. In Delhi Administration,
DAYA SHANKAR YADAV v. UNION OF INDIA & ORS.1083
           [R.V. RAVEENDRAN, J.]

v. Sushi/ Kumar - 1996 (11) SCC 605, this Court stressed             A
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.

     6.1 In Kendriya Vidyalaya Sangathan v. Ram Ratan
                                                                     8
Yadav - 2003 (3) SCC 437, this Court held that the purpose
of requiring an employee to furnish information regarding
prosecution/conviction etc. in the verification form was to
assess his character and antecedents for the purpose of
employment and continuation in service; that suppression of          C
material information and making a false statement in reply to
queries relating to prosecution and conviction had a clear
bearing on the character, conduct and antecedents of the
employee; and that where 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    D
could be terminated from service during the period of probation
without holding any inquiry. This Court also made it clear that
neither the gravity of the criminal offence nor the ultimate
acquittal therein was relevant when considering whether a
probationer who suppresses a material fact (of his being             E
involved in a criminal case, in the personal information furnished
to the employer), is fit to be continued as a probationer.

     6.2 In R. Radhakrishnan vs. Director General of Police -
2008 (1) sec 660, this Court considered the case of a F
candidate for appointment as a Fireman, furnishing wrong
information about his involvement in a criminal case, though he
was acquitted. This Court held that the standards expected of
a person intended to serve in such a service is different from-
the one of a person who intended to serve in other services.
As the application for appointment and the verification roll were G
both in Hindi as also in English, this Court concluded that the
candidate knew and understood the implications of his
statement or omission to disclose a vital information, and by
not disclosing about his involvement in a criminal case, the
                                                                  H
    1084 SUPREME COURT REPORTS [2010] 13 (ADDL.) S.C.R.


A   candidate is preventing the authority from verifying his
    character as also suitability of the appointment. This Court
    therefore refused to exercise its equitable jurisdiction in favour
    of such a candidate who had suppressed material facts.

          6.3 In Union of India vs. Bipad Bhanjan Gayen - 2008
8
    (11) SCC 314, this Court dealt with the validity of the termination
    of service of respondent therein who had been selected for
    training as a constable in a Railway Protection Force. This Court
    observed thus :

c        "9. It is the admitted case that the respondent was still
         under probation at the time his services had been
         terminated. It is also apparent from the record that the
         respondent had been given appointment on probation
         subject to verification of the facts given in the attestation
D        form. To our mind, therefore, if an enquiry revealed that the
         facts given were wrong, the appellant was at liberty to
         dispense with the services of the respondent as the
         question of any stigma and penal consequences at this
         stage would not arise.
E
        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
F       form. We are further of the opinion that an employment as
        a police officer 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."
G
       7. On the othP.r hand, where the non-furnishing of material
  information is due to absence of clarifying the question or due
  to the candidate not being aware of the said information, it
  cannot be said that he had suppressed material information or
H made false statements.
DAYA SHANKAR YADAV v. UNION OF INDIA & ORS.1085
           [R.V. RAVEENDRAN, J.]

     7 .1 In Secretary, Department of Home, A. P. vs. 8.           A
Chinnam Naidu - 2005 (2) $CC 746, this Court after
reiterating that suppression of material information or giving
false information in attestation form would result in the
candidate being discontinued from service, cautioned that the
court will have to examine in each case, whether a candidate       B
has suppressed material information or has given false
information in the attestation form; and where the candidate is
required to state as to whether he has been convicted by a
criminal court, if the candidate answered in the negative, the
fact that a criminal case was pending as on that date, would       c
not amount to misrepresentation. This Court held :

    'The State Government and the Tribunal appeared to have
    proceeded on the basis that the respondent ought to have
    indicated the fact of arrest or pendency of the case, though
    column 12 of the attestation form did not require such         D
    information being furnished. The learned counsel for the
    appellants submitted that such a requirement has to be
    read into an attestation form. We find no reason to accept
    such contention. There was no specific requirement to
    mention as to whether any case is pending or whether the       E
    applicant had been arrested. In view of the specific
    language so far as column 12 is concerned the respondent
    cannot be found guilty of any suppression.

    In Kendriya Vidya/aya Sangathan case the position was          F
    the reverse. There the candidate took the stand that as
    there was no conviction, his negative answers to columns
    12 and 13 were not wrong. This Court did not accept the
    stand that requirement was conviction and not prosecution
    in view of the information required under columns 12 and
                                                                   G
    13 as quoted above. The requirement was 'prosecution'
    and not 'conviction'. The logic has application here. The
    requirement in the present case is 'conviction' and not
    'prosecution'.

    The question whether he was a desirable person to be           H
    1086 SUPREME COURT REPORTS (2010] 13 (ADDL.) S.C.R.


A       appointed in government service was not the subject-
        matter of adjudication and the Tribunal was not justified in
        recording any finding in that regard. Whether a person is
        fit to be appointed or not is a matter within the special
        domain of the government."
B
       7.2 In State of Haryana v. Dinesh Kumar- 2008 (3) SCC
  222, this Court considered the case of an employee who had
  answered "No" to a query whether he was arrested. It was found
  that subsequent to registration of Fl R, he had voluntarily
C appeared before the magistrate, without being taken into formal
  custody and was granted bail and was ultimately acquitted. It
  was held that in such circumstances, it was not altogether
  unreasonable to expect a layman to construe that he had never
  been arrested, even though the legal position may be
  otherwise. It was held that in such circumstances, even if what
D transpired may technically amount to arrest, the benefit of a
  mistaken impression rather than the consequences of a
  deliberate and willful misrepresentation and concealment of
  facts, should be extended to the employee.

E       8. Rule 14 of the Central Reserve Police Force Rules
    1955, relevant in this case relates to verification. Clauses (a)
    and (b) of the said Rule are extracted below :

        (a) As soon as a man is enrolled, his character,
        antecedents, connections and age shall be verified in
F       accordance with the procedure prescribed by the Central
        Government from time to time. The Verification Roll shall
        be sent to the Distt. Magistrate or Dy. Commissioner of
        the Distt. of which, the recruit is a resident.

G        (b) The Verification Roll shall be in CRP Form-25 and after
         verification shall be attached to the Character and Service
         Roll of the member of the Force concerned."

  The purpose of seeking the said information is to ascertain
H character and antecedents of the candidate so as to assess
DAYA SHANKAR YADAV v. UNION OF INDIA & ORS.1087
           [R.V. RAVEENDRAN, J.]

his suitability for the post. Therefore, the candidate will have to   A
answer the questions in these Columns truthfully and fully and
any misrepresentation or suppression or false statement
therein, by itself would demonstrate a conduct or character
unbefitting for a uniformed security service.
                                                                      B
     9. When an employee or a prospective employee declares
in a verification form, answers to the queries relating to
character and antecedents, the verification thereof can therefore
lead to any of the following consequences:-

     (a) If the declarant has answered the questions in the           C
affirmative and furnished the details of any criminal case
(wherein he was convicted or acquitted by giving benefit of
doubt for want of evidence), the employer may refuse to offer
him employment (or if already employed on probation,
discharge him from service), if he is found to be unfit having        D
regard to the nature and gravity of the offence/crime in which
he was involved.

     (b) On the other hand, if the employer finds that the criminal
case disclosed by the declarant related to offences which were
                                                                      E
technical, or of a nature that would not affect the declarant's
fitness for employment, or where the declarant had been
honorably acquitted and exonerated, the employer may ignore
the fact that the declarant had been prosecuted in a criminal
case and proceed to appoint him or continue him in
employment.                                                           F

     (c) Where the declarant has answered the questions in the
negative and on verification it is found that the answers were
false, the employer may refuse to employ the declarant (or
discharge him, if already employed), even if the declarant had        G
been cleared of the charges or is acquitted. This is because
when there is suppression or non-disclosure of material
information bearing on his character, that itself becomes a
reason for not employing the declarant.
                                                                      H
    1088 SUPREME COURT REPORTS [201 OJ 13 (ADDL.) S.C.R.


A      (d) Where the attestation form or verification form does not
  contain proper or adequate queries requiring the declarant to
  disclose his involvement in any criminal proceedings, or where
  the candidate was unaware of initiation of criminal proceedings
  when he gave the declarations in the verification roll/attestation
B form, then the candidate cannot be found fault with, for not
  furnishing the relevant information. But if the employer by other
  means (say police verification or complaints etc.) learns about
  the involvement of the declarant, the employer can have
  recourse to courses (a) or (b) above.
c      10. Thus an employee on probation can be discharged
  from service or a prospe,ctive employee may be refused
  employment: (i) on the ground of unsatisfactory antecedents
  and character, disclosed from his conviction in a criminal case,
  or his involvement in a criminal offence (even if he was
D acquitted on technical grounds or by giving benefit of doubt)
  or other conduct (like copying in examination) or rustication or
  suspension or debarment from college etc.; and (ii) on the
  ground of suppression of material information or making false
  statement in reply to queries relating to prosecution or
E conviction for an criminal offence (even if he was ultimately
  acquitted in the criminal case). This ground is distinct from the
  ground of previous antecedents and character, as it shows a
  current dubious conduct and absence of character at the time
  of making the declaration, thereby making him unsuitable for
F the post.

    Position in this case

        11. The respondents contended that the decision of High
  Court was in consonance with the principles laid down in several
G decisions of this Court and therefore, did not call for
  interference. The appellant on the other hand contended that
  the decision in Kendriya Vidya/aya Sangathan, was
  distinguishable. He drew our attention to the nature of the
  queries in that case. The following were the two queries in the
H
DAYA SHANKAR YADAV v. UNION OF INDIA & ORS.1089
           [R.V. RAVEENDRAN, J.]

verification form relating to antecedents and character :            A

    "12. Have you ever been prosecuted/kept under detention
    or bound down/fined, convicted by a court of law for any
    offence?

    13. Is any case pending against you in any court of law at       B
    the time of filling up this attestation form?"

The appellant contended that the said queries (12) and (13) in
Kendriya Vidya/aya Sangathan, were simple and clear; and
that this Court had also found in that case that the employee,       C
who answered the said queries in the negative and thereby
misrepresented the facts, was highly qualified (holding BA,
B.Ed. and M.Ed. degrees) and had therefore rejected the
contention that he could not understand the queries.
                                                                     D
     12. The appellant submitted that in this case questions
12(a) and (b) in the verification form were complex, ambiguous,
tangled, involved and confusing for the following reasons:

     (i) Question 12(a) involved three distinct and separate
issues. The first relates to criminal prosecution and conviction.    E
The second relates to disqualification by public service
commission. The third relates to debarment from examinations
by universities/educational authorities.

      (ii) The first part of Question 12(b) sought information
                                                                     F
relating to pendency of cases. The second part of query 12(b)
was not a query, but an instruction common to queries (a) and
(b), as to how further information should be given if the answer
to the query was "yes".

      (iii) There was a variation between the English version and    G
the Hindi version of question 12(a) and the words "restricted
by any university or other education Institution'', in query 12(a)
appears to have been erroneously printed instead of the words
"rusticated by any university or other educational institution."
                                                                     H
    1090 SUPREME COURT REPORTS [2010] 13 (ADDL.) S.C.R.


A       (iv) The second part of query 12(b) as also the nature of
    Queries 12(a) and 12(b) contemplated the employee -
    declarant to answer the queries 12(a) and (b) in monosyllable
    answers of 'yes' or 'no'; and only if the declarant answered
    query 12(a) as 'yes', he had to give further particulars. If an
s   employee answers query 12(a) by the word 'yes' it would really
    mean that he has been arrested, prosecuted, kept under
    detention and bound down/fined/and convicted by a court of law
    even if he has not been subjected to all those processes.

       (v) The first part of query 12(a) is capable of being
C interpreted in two ways. One way of reading it is : "whether the
  declarant had ever been arrested, or prosecuted, or kept
  under detention, or bound down/fined, or convicted by a court
  of law for any offence", thereby requiring the declarant to state
  whether he was subjected to any one of those events/
D processes. Another way of reading it is : "whether the declarant
  has been arrested, prosecuted, kept under detention, bound
  down/fined, and convicted by any court of law for any offence"
  thereby requiring the declarant to state whether he had
  undergone all those events/processes with reference to a
E criminal offence. The above questions can confuse not only a
  person with basic education, but may even confuse a person
  legally trained to assume that he has to answer 'yes' only if he
  had been convicted and not otherwise.

F      13. We agree that the English version of the questions
  were involved and confusing. If the queries in 12(a) and (b) in
  this case had been split into separate questions with
  instructions, to provide clarity and precision, there would have
  been no room for controversy. For example, if questions 12(a)
G and (b) had been split up into five separate questions with a
  note as follows, there would have been no confusion or
  ambiguity:

          (a)   Have you ever been arrested or prosecuted or kept
                under detention?
H
DAYA SHANKAR YADAV v. UNION OF INDIA & ORS.1091
           [R.V. RAVEENDRAN, J.]

     (b)    Have you ever been bound down or fined or                    A
            convicted by a court of law for any offence ?

     (c)    Have you ever been debarred or disqualified by any
            Public Service Commission from appearing in any
            of its examinations or selections ?
                                                                         8
      (d)   Have you ever been debarred from taking any
            examination by any University, or expelled or
            rusticated from any educational institution ?

      (e)   Whether any case is pending against you in any               c
            court or before any University/educational authority/
            institution at the time of filling up of this Verification
            Roll?

    Note: If the answer to any of the above queries is 'yes',
    then give details.
                                                                         0

     If the object of the query is to ascertain the antecedents
and character of the candidate to consider his fitness and
suitability for employment, and if the consequence of a wrong
answer can be rejection of his application for appointment, or           E
termination from service if already appointed, the least that is
exp~cted of the employer is to ensure that the query was clear,
specific and unambiguous. Obviously, the employer cannot
dismiss/discharge/ terminate            an    employee, for
misunderstanding a vague and complex question, and giving                F
a wrong answer.

     14. We do hope that the CRPF and other uniformed
services will use clear and simple questions and avoid any
variations between the English and Hindi versions. They may
also take note of the fact that the ambiguity and vague                  G
questions will lead to hardship and mistakes and make the
questions simple, clear and straightforward. Be that as it may.

    1G. But in this case, the appellant is not entitled to any
benefit of doubt on the question whether he knew the meaning             H
    1092 SUPREME COURT REPORTS [2010] 13 (ADDL.) S.C.R.


A   and purport of questions 12(a) and (b). Even assuming that
    there was ambiguity in the English version of the questions, a
    reading of the Hindi version of the questions shows a clear
    indication of the information that was required to be furnished
    by the declarant. The appellant read the questions in Hindi and
8   answered them in Hindi. We extract below an English translation
    of query 12(a) in Hindi to show that there was no ambiguity in
    regard to the question :

        English Translation of the question in Hindi

C       "Have you ever been arrested for any offence or have
        been prosecuted or have been taken in custody or have
        been released on bail or have been fined/convicted by
        court of law or have been debarred/disqualified by any
        Public Service Commission from appearing at its
o       examination/selection or debarred from taking any
        examination/restricted by any university or any other
        educational authority/institution?"

                                              (emphasis supplied)

E The fact that a criminal case was registered against the
  appellant is not disputed. The fact that no criminal case was
  pending against him, when he gave the verification declaration
  in the year 2004, or the fact that he was not convicted or fined
  or bound down in any case, loses relevance, when he clearly
F suppressed the material fact that he was prosecuted and
  thereby made a false statement. Though the English version of
  the questions could have used a little more clarity, we cannot
  agree with the contention that he was misled into answering the
  question wrongly, as the Hindi version of the questions which
G were answered by the appellant did not suffer from any
  vagueness or ambiguity.

       16. We are satisfied that the appellant had knowingly made
  a false statement that he was not prosecuted in any criminal
H case. Therefore, the employer (CRPF) was justified in
DAYA SHANKAR YADAV v. UNlON OF INDIA & ORS.1093
           [R.V. RAVEENDRAN, J.]

dispensing with his services for not being truthful in giving     A
material information regarding his antecedents which were
relevant for employment in a uniformed service, and that itself
justified his discharge from service. Consequently, we dismiss
this appeal as having no merit.
                                                                  B
N.J.                                       Appeal dismissed.