STATE OF RAJASTHAN & ORS.versusCHETAN JEFF

692                      [2022]REPORTS
               SUPREME COURT    4 S.C.R. 692               [2022] 4 S.C.R.


A                      STATE OF RAJASTHAN & ORS.
                                        v.
                                 CHETAN JEFF
                         (Civil Appeal No. 3116 of 2022)
B                                MAY 11, 2022
               [M. R. SHAH AND B. V. NAGARATHNA, JJ.]
             Service Law – Appointment – Post of Constable – Suppression
      of material fact by the candidate in respect of his criminal
      antecedents and making false statement in the job application form
C
      – Rejection of his candidature – Writ petition by the candidate –
      Single Judge of the High Court held that the offences for which the
      candidate was charged with of trivial in nature and their suppression
      should have been ignored thus, the State directed to consider him
      for the post – Upheld by the Division Bench – On appeal, held: It is
D     the duty of the constable is to maintain law and order – Thus, he/
      she is expected to be honest, trustworthy, reliable and with integrity
      above the board – Any act in deceit and subterfuge cannot be
      tolerated – On facts, the candidate did not confirm to the said
      expectations/requirements – He suppressed the material facts of his
      criminal antecedents and did not disclose in the application form
E
      that against him a criminal case/FIR is pending – On the contrary,
      he made false statement that he is not facing any criminal case –
      Also, during the proceedings before the High Courts, the candidate
      faced 3 to 4 more FIRs, out of which, in two cases he was acquitted
      by entering into a compromise and in other he was convicted,
F     however given the benefit of the Probation of Offenders Act – Thus,
      the authorities justified in rejecting his candidature – Judgment
      and order of the High Court quashed and set aside – Subsequent
      events.
            Allowing the appeal, the Court
G           HELD: 1.1 The post on which the respondent is seeking
      the appointment is the post of constable. It cannot be disputed
      that the duty of the constable is to maintain law and order.
      Therefore, it is expected that he should be honest, trustworthy
      and that his integrity is above board and that he is reliable. An
H
                                       692
           STATE OF RAJASTHAN v. CHETAN JEFF                          693


employee in the uniformed service presupposes a higher level          A
of integrity as such a person is expected to uphold the law and on
the contrary any act in deceit and subterfuge cannot be tolerated.
In the instant case, the respondent has not confirmed to the above
expectations/ requirements. He suppressed the material facts of
his criminal antecedents. He did not disclose in the application
                                                                      B
form that against him a criminal case/FIR is pending. On the
contrary, in the application form, he made a false statement that
he is not facing any criminal case. Therefore, due to the said
suppression, his candidature came to be rejected by the
appropriate authority. Despite the above, the Single Judge of the
High Court allowed the writ petitioner and directed the State to      C
consider the case of the respondent for appointment as a
constable mainly on the ground that the offences were trivial in
nature and the suppression of such offences should have been
ignored. The same was upheld by the Division Bench. [Para
6.1][700-A-D]
                                                                      D
      1.2 The question is one of suppression of material fact by
the original writ petitioner in respect of his criminal antecedents
and making a false statement in the application form. If in the
beginning itself, he has suppressed the material fact in respect
to his criminal antecedents and in fact made an incorrect
statement, how can he be appointed as a constable. How can he         E
be trusted thereafter in future? How it is expected that thereafter
he will perform his duty honestly and with integrity? Therefore,
as such the authorities were justified in rejecting the candidature
of the respondent for the post of constable. [Paras 6.2 and
6.3][700-E-F]                                                         F
      1.3 It cannot be said that the authority committed any error
in rejecting the candidature of the respondent for the post of
constable. [Para 7][706-D]
       1.4 Even otherwise it is required to be noted that
subsequently and during the proceedings before the Single Judge       G
as well as the Division Bench, there are three to four other FIRs
filed against the respondent culminating into criminal trials and
in two cases he has been acquitted on the ground of compromise
and in one case though convicted, he has been granted the benefit
                                                                      H
694           SUPREME COURT REPORTS                     [2022] 4 S.C.R.


A     of Probation of Offenders Act. One more criminal case is pending
      against him. Therefore, the respondent cannot be appointed to
      such a post of constable. [Para 8][706-E]
             1.5 In view thereof and for the reasons stated, both, the
      Single Judge as well as the Division Bench have erred in directing
B     the State to consider the case of the respondent for appointment
      as a constable. The judgment and order passed by the High Court
      is unsustainable, both, on facts as well as on law. Under the
      circumstances, the same is accordingly quashed and set aside. It
      is held that the candidature of the respondent-original writ
C     petitioner for the post of constable had been rightly rejected by
      the appropriate authority. [Para 9][706-F-G]
           Avtar Singh v. Union of India (2016) 8 SCC 471 : [2016]
           7 SCR 445; Daya Shankar Yadav v. Union of India
           (2010) 14 SCC 103 : [2010] 13 SCR 1076; State of
D          A.P. v. B. Chinnam Naidu (2005) 2 SCC 746 : [2005] 1
           SCR 1147; Devendra Kumar v. State of Uttaranchal
           (2013) 9 SCC 363 : [2013] 8 SCR 471; Jainendra
           Singh v. State of U.P. (2012) 8 SCC 748 : [2012] 6
           SCR 1047; State of M.P. v. Abhijit Singh Pawar (2018)
           18 SCC 733 : [2018] 13 SCR 1133; Rajasthan Rajya
E          Vidyut Prasaran Nigam Limited v. Anil Kanwariya
           (2021) 10 SCC 136 – relied on.
                            Case Law Reference
      [2016] 7 SCR 445              relied on           Paras 6.9
F
      [2010] 13 SCR 1076            relied on           Paras 6.8
      [2005] 1 SCR 1147             relied on           Para 6.5
      [2013] 8 SCR 471              relied on           Para 6.6
G     [2012] 6 SCR 1047             relied on           Para 6.7
      [2010] 13 SCR 1076            relied on           Para 6.8
      [2018] 13 SCR 1133            relied on           Para 6.9
      (2021) 10 SCC 136             relied on           Para 6.11
H
              STATE OF RAJASTHAN v. CHETAN JEFF                                695


        CIVIL APPELLATE JURISDICTION: Civil Appeal No. 3116 of                 A
2022.
      From the Judgment and Order dated 04.03.2020 of the High Court
of Judicature at Rajasthan, Jaipur Bench, Jaipur in D.B. Special Appeal
Writ No. 1479 of 2018.
      Dr. Manish Singhvi, AAG, Sourav Roy, Kaushal Sharma, Prabudh             B
Singh, Sandeep Kumar Jha, Advs. for the Appellants.
     R. K. Shukla, Ms. Bhawna Massay, Nirmal Singh, Rahul Dadwal,
Rameshwar Prasad Goyal, Advs. for the Respondent.
        The Judgment of the Court was delivered by                             C
        M. R. SHAH, J.
       1. Feeling aggrieved and dissatisfied with the impugned judgment
and order dated 04.03.2020 passed by the High Court of Judicature for
Rajasthan at Jaipur Bench in D.B. Special Appeal Writ No.1479 of 2018
by which the High Court has dismissed the said appeal preferred by the         D
State of Rajasthan and has confirmed the judgment and order passed by
the learned Single Judge directing the State to consider the case of the
respondent herein - original writ petitioner for appointment to the post of
Constable (General), the State has preferred the present appeal.
        2. The facts leading to the present case in a nutshell are as under:   E
       2.1 Applications were invited by the Director General of Police
Rajasthan, Jaipur vide Letter dated 07.04.2008, for recruitment to 4684
vacant posts of Constable (General), Constable (Operator), Constable
(Driver) and Constable (Band) in different Districts/Battalions/Units of
Rajasthan Police. As per 2008 Recruitment Notification, all interested         F
candidates were required to qualify the written test, physical efficiency
test, proficiency test, special qualification test and an interview for
securing appointment for different posts of constable. As per paragraph
9(e) of the said notification, the candidates were required to fill in the
correct information in their application forms. It provided that if the
information disclosed in the application form was found to be wrong and        G
incomplete, such an application form was liable to be rejected at any
stage of the selection process. The respondent applied for the said post
and submitted the application form. In column 15 of the Job Application
Form dated 26.04.2008 the respondent herein - (hereinafter referred to
as original writ petitioner) had categorically stated that there were no       H
696             SUPREME COURT REPORTS                            [2022] 4 S.C.R.


A     criminal antecedents against him. He also stated that there were no
      pending FIRs or criminal cases against him. He also enclosed the signed
      declaration with the application form stating that the information disclosed
      in para 15 of the Job Application Form dated 26.04.2008 was correct
      and there was no concealment of any criminal record by him.
B            2.2 The original writ petitioner cleared the written test as well as
      the physical test. At this stage it is required to be noted that as such, the
      original writ petitioner was already facing criminal proceedings in FIR
      bearing No.458/2007 dated 17.12.2007 registered against him at Police
      Station, Neem ka Thana, Sikar for the offences punishable under Sections
      143, 341 and 336 of the Indian Penal Code (hereinafter referred to as,
C     ‘the IPC’). However, the same was not disclosed by him in the Job
      Application Form. Thus, as such he suppressed the material fact about
      pendency of the FIR/Criminal Case against him.
             2.3 The Superintendent of Police, District Sikar informed the
      Superintendent of Police, Hanumangarh vide communication dated
D     21.08.2008 about the said FIR No.458 of 2007. Based upon the said
      information, the candidature of the original writ petitioner was rejected
      on the ground that the original writ petitioner suppressed the material
      fact about his criminal antecedents in Column 15 and made an incorrect
      statement in the job application form.
E            2.4 Feeling aggrieved by the rejection of his candidature, the original
      writ petitioner preferred the writ petition before the learned Single Judge
      of the High Court by way of Civil Writ Petition No.10250 of 2008. It
      appears that one another FIR bearing No.102/2012 dated 27.01.2012
      was registered against the original writ petitioner at Police Station Neem
F     ka Thana, Sikar for the offences punishable under Sections 147, 148,
      149, 452, 380, 352, 427 of the IPC. By the judgment and order dated
      30.07.2015, the learned trial Court acquitted him for the offences under
      Section 352 read with Section 149 IPC in view of the compromise arrived
      at between the parties. For the offences under Sections 147, 148, 455,
      440 read with Section 149 of the IPC the original writ petitioner was
G     acquitted extending the benefit of doubt. However, the learned ACJM –
      I, Neem ka Thana, Sikar vide judgment and order dated 21.01.2016
      convicted the original writ petitioner for offences punishable under
      Sections 341 & 323 read with Section 34 IPC. However, he was accorded
      benefit of the Probation of Offenders Act, 1958.
H
             STATE OF RAJASTHAN v. CHETAN JEFF                                  697
                       [M. R. SHAH, J.]

       2.5 By the Judgment and Order dated 12.03.2018, the learned              A
Single Judge allowed the aforesaid writ petition and directed the State to
consider the case of the original writ petitioner for the post of Constable,
inter alia, on the following grounds:
      “1. That the Parties failed to place any material on record to show
      that the Respondent suppressed the information with respect to            B
      the criminal antecedents in the column 15 of the said Job Application
      Form dated 26.04.2008.
      2. That the Respondent in the instant case was charged with the
      offences which were trivial in nature and the suppression of such
      offences by the Respondent should have been ignored by the                C
      Petitioners herein. In order to substantiate the aforesaid proposition,
      the Hon’ble High Court relied upon the judgment in Avtar Singh
      versus Union of India & Ors. (2016) 8 SCC 471.
      3. That the judgment dated 01.03.2017 in the case of Bhanja
      Ram versus State of Rajasthan & Ors. S.B. Civil Writ                      D
      Petition No.6884 of 2008, applied squarely to the facts
      mentioned in the said Writ Petition.”
       2.6 The third FIR bearing No.348/2018 dated 05.09.2018 was
registered against the original writ petitioner at Police Station Neem ka
Thana, Sikar for the offences punishable under Sections 341 & 323 of            E
the IPC.
      2.7 Feeling aggrieved and dissatisfied with the judgment and order
passed by the learned Single Judge allowing the Civil Writ Petition
No.10250 of 2008 and directing the State to consider the case of the
original writ petitioner for the post of Constable, the State preferred the     F
Writ Appeal before the Division Bench of the High Court.
      2.8 During the pendency of the Writ Appeal, the learned ACJM,
Neem ka Thana, Sikar vide judgment and order dated 09.09.2019
acquitted the original writ petitioner for the offences punishable under
Sections 341 & 323 of the IPC in view of the compromise arrived at
                                                                                G
between the parties in FIR No.348/2018.
       2.9 One another FIR bearing No.505/2018, dated 20.12.2018 was
registered at Neem ka Thana, Sikar against the original writ petitioner
for the offences punishable under Sections 341, 323, 382, 427 IPC.
                                                                                H
698             SUPREME COURT REPORTS                            [2022] 4 S.C.R.


A            2.10 Despite the above, by the impugned Judgment and Order
      dated 04.03.2020, the Division Bench of the High Court has dismissed
      the said appeal and has confirmed the judgment and order passed by the
      learned Single Judge, by which the learned Single Judge directed the
      State to consider the case of the original writ petitioner for the appointment
      as Constable. That, in the meantime, the original writ petitioner has been
B
      charge-sheeted for the offences punishable under Sections 341, 323,
      382, 427 of the IPC in relation to the FIR No.505/2018 and the trial is
      pending.
             2.11 Feeling aggrieved and dissatisfied with the impugned judgment
      and order passed by the Division Bench of the High Court dismissing
C     the writ appeal and confirming the judgment and order passed by the
      learned Single Judge directing the appellant – State to consider the case
      of the original writ petitioner for appointment as Constable, the State has
      preferred the present appeal.
            3. We have heard Dr. Manish Singhvi, learned Senior Advocate
D     and AAG appearing on behalf of the State of Rajasthan and Mr. R.K.
      Shukla, learned counsel appearing on behalf of the original writ petitioner.
            4. Dr. Manish Singhvi, learned Senior Advocate, has vehemently
      submitted that considering the criminal antecedents which were
      suppressed by the original writ petitioner, both the learned Single Judge
E     as well as the Division Bench have committed a grave error in directing
      the appellant - State to consider the case of the original writ petitioner
      for appointment as a constable.
             4.1 It is contended by Dr. Manish Singhvi, learned Senior Advocate
      appearing on behalf of the State of Rajasthan that despite Column 15 of
F     the Job Application Form of the original writ petitioner by which he was
      required to state true and correct facts of criminal antecedents and despite
      the fact that he was facing criminal prosecution by way of FIR No.458/
      2007, the original writ petitioner suppressed the same and did not disclose
      the same. It is submitted that on the contrary in the column of “whether
G     any criminal case has been registered against the applicant?” he
      said “No”.
              4.2 It is submitted therefore, when the candidate at the initial stage
      itself did not state the true and correct facts and as such suppressed the
      material facts, he is not entitled to be appointed on the post as Constable.
H
             STATE OF RAJASTHAN v. CHETAN JEFF                                 699
                       [M. R. SHAH, J.]

       4.3 It is submitted that the post of Constable whose duty is to         A
maintain law and order, first of all should be honest. It is submitted that
a candidate who, at the initial stage and before even getting the
appointment as a constable has suppressed the material facts of having
criminal antecedents and he has made a false statement in the application
form. How can he be trusted and be appointed as a Constable? It is
                                                                               B
submitted that as such the State was justified in rejecting his candidature
as a constable. Reliance is placed upon the decisions of this Court in the
case of Avtar Singh v. Union of India, (2016) 8 SCC 471 as well as
Daya Shankar Yadav v. Union of India, (2010) 14 SCC 103.
         4.4 It is urged by Dr. Manish Singhvi, learned Senior Advocate
for the State that even otherwise and till the Division Bench decided the      C
writ appeal, the original writ petitioner faced 3 to 4 more FIRs, out of
which, in two cases he was acquitted by entering into a compromise and
in one case he has been convicted, however has been given the benefit
of the Probation of Offenders Act. It is submitted that one criminal case
is still pending against him. That such a person cannot be appointed as a      D
constable. Therefore, it is requested that this Court must consider the
subsequent events also.
      5. Present appeal is opposed by Mr. R.K. Shukla, learned counsel
appearing on behalf of the original writ petitioner.
       5.1 It is vehemently submitted by Mr. R.K. Shukla, learned counsel      E
appearing on behalf of the original writ petitioner that having found that
the offences against the original writ petitioner were trivial in nature and
he was acquitted and in one case he has been granted the benefit of
Probation of Offenders Act, both, the learned Single Judge as well as
the Division Bench of the High Court have rightly directed the State to        F
consider the case of the original writ petitioner for the post of Constable.
       5.2 It is submitted that when both, the learned Single Judge as
well as the Division Bench have concurred on directing the State to
consider the case of the original writ petitioner for the post of Constable
and by giving cogent reasons, the same may not be interfered with by           G
this Court in exercise of powers under Article 136 of the Constitution of
India.
       6. We have heard learned counsel appearing for the respective
parties at length.
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700             SUPREME COURT REPORTS                           [2022] 4 S.C.R.


A            6.1 At the outset, it is required to be noted that the post on which
      the writ petitioner is seeking the appointment is the post of constable. It
      cannot be disputed that the duty of the constable is to maintain law and
      order. Therefore, it is expected that he should be honest, trustworthy
      and that his integrity is above board and that he is reliable. An employee
      in the uniformed service presupposes a higher level of integrity as such
B
      a person is expected to uphold the law and on the contrary any act in
      deceit and subterfuge cannot be tolerated. In the present case the original
      writ petitioner has not confirmed to the above expectations/ requirements.
      He suppressed the material facts of his criminal antecedents. He did not
      disclose in the application form that against him a criminal case/FIR is
C     pending. On the contrary, in the application form, he made a false
      statement that he is not facing any criminal case. Therefore, due to the
      aforesaid suppression, his candidature came to be rejected by the
      appropriate authority. Despite the above, the learned Single Judge allowed
      the writ petitioner and directed the State to consider the case of the
      original writ petitioner for appointment as a constable mainly on the ground
D
      that the offences were trivial in nature and the suppression of such
      offences should have been ignored. The same has been confirmed by
      the Division Bench.
             6.2 The question is not whether the offences were trivial in nature
      or not. The question is one of suppression of material fact by the original
E     writ petitioner in respect of his criminal antecedents and making a false
      statement in the application form. If in the beginning itself, he has
      suppressed the material fact in respect to his criminal antecedents and
      in fact made an incorrect statement, how can he be appointed as a
      constable. How can he be trusted thereafter in future? How it is expected
F     that thereafter he will perform his duty honestly and with integrity?
            6.3 Therefore, as such the authorities were justified in rejecting
      the candidature of the respondent for the post of constable.
              6.4 At this stage the decision of this Court in the case of Daya
      Shankar Yadav (supra) is required to be referred to. In paras 14 and
G     16, it is observed and held as under:
                   “14. 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:

H
            STATE OF RAJASTHAN v. CHETAN JEFF                                  701
                      [M. R. SHAH, J.]

             “14. Verification.—(a) As soon as a man is enrolled, his          A
      character, antecedents, connections and age shall be verified in
      accordance with the procedure prescribed by the Central
      Government from time to time. The verification roll shall be sent
      to the District Magistrate or Deputy Commissioner of the District
      of which the recruit is a resident.
                                                                               B
             (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 the
      character and antecedents of the candidate so as to assess his           C
      suitability for the post. Therefore, the candidate will have to 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.
                                                                               D
      16. Thus an employee on probation can be discharged from service
      or a prospective 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 acquitted on technical grounds
      or by giving benefit of doubt) or other conduct (like copying in         E
      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 conviction for a criminal offence (even if he
      was ultimately acquitted in the criminal case). This ground is           F
      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 the post.”
       6.5 In State of A.P. v. B. Chinnam Naidu, (2005) 2 SCC 746,             G
this Court has observed that the object of requiring information in the
attestation form and the declaration thereafter by the candidate is to
ascertain and verify the character and antecedents to judge his suitability
to enter into or continue in service. It is further observed that when a
candidate suppresses material information and/or gives false information,
he cannot claim any right for appointment or continuance in service.           H
702             SUPREME COURT REPORTS                           [2022] 4 S.C.R.


A            6.6 In Devendra Kumar v. State of Uttaranchal, (2013) 9 SCC
      363, while joining the training, the employee was asked to submit an
      affidavit giving certain information, particularly, whether he had ever
      been involved in any criminal case. The employee submitted an affidavit
      stating that he had never been involved in any criminal case. The
      employee completed his training satisfactorily and it was at this time that
B
      the employer in pursuance of the process of character verification came
      to know that the employee was in fact involved in a criminal case. It
      was found that the final report in that case had been submitted by the
      prosecution and accepted by the Judicial Magistrate concerned. On the
      basis of the same, the employee was discharged abruptly on the ground
C     that since he was a temporary government servant, he could be removed
      from service without holding an enquiry. The said order was challenged
      by the employee by filing a writ petition before a Single Judge of the
      High Court which was dismissed. The Division Bench upheld that order,
      which was the subject-matter of appeal before this Court. Dismissing
      the appeal, this Court observed and held that the question is not whether
D
      the employee is suitable for the post. The pendency of a criminal case/
      proceeding is different from suppressing the information of such pendency.
      The case pending against a person might not involve moral turpitude but
      suppressing of this information itself amounts to moral turpitude. It is
      further observed that the information sought by the employer if not
E     disclosed as required, would definitely amount to suppression of material
      information and in that eventuality, the service becomes liable to be
      terminated, even if there had been no further trial or the person concerned
      stood acquitted/discharged.
              6.7 In the case of Jainendra Singh v. State of U.P., (2012) 8
F     SCC 748, in para 29.4, this Court has observed and held that “a candidate
      having suppressed material information and/or giving false information
      cannot claim right to continue in service and the employer, having regard
      to the nature of employment as well as other aspects, has the discretion
      to terminate his services. In para 29.6, it is further observed that the
      person who suppressed the material information and/or gives false
G     information cannot claim any right for appointment or continuity in service.
      In para 29.7, it is observed and held that “the standard expected of a
      person intended to serve in uniformed 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
H     the appointing authority cannot be faulted.
            STATE OF RAJASTHAN v. CHETAN JEFF                                 703
                      [M. R. SHAH, J.]

       6.8 In Daya Shankar Yadav v. Union of India, (2010) 14 SCC             A
103, this Court had an occasion to consider the purpose of seeking the
information with respect to antecedents. It is observed and held that the
purpose of seeking the information with respect to antecedents is to
ascertain the character and antecedents of the candidate so as to assess
his suitability for the post. It is further observed that when an employee
                                                                              B
or a prospective employee declares in a verification form, answers to
the queries relating to character and antecedents, the verification thereof
can lead to any of the following consequences: (SCC pp. 110-11, para
15)
            “15. … (a) If the declarant has answered the questions in
      the affirmative and furnished the details of any criminal case          C
      (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 regard to the nature
      and gravity of the offence/crime in which he was involved.              D
             (b) On the other hand, if the employer finds that the criminal
      case disclosed by the declarant related to offences which were
      technical, or of a nature that would not affect the declarant’s
      fitness for employment, or where the declarant had been
      honourably acquitted and exonerated, the employer may ignore            E
      the fact that the declarant had been prosecuted in a criminal case
      and proceed to appoint him or continue him in employment.
             (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              F
      discharge him, if already employed), even if the declarant had
      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.
                                                                              G
            (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
                                                                              H
704             SUPREME COURT REPORTS                           [2022] 4 S.C.R.


A           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.”
B           Thereafter, it is observed and held that an employee can be
            discharged from service or a prospective employee may be refused
            employment on the ground of suppression 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).
C
              6.9 In State of M.P. v. Abhijit Singh Pawar, (2018) 18 SCC
      733, when the employee participated in the selection process, he tendered
      an affidavit disclosing the pending criminal case against him. The affidavit
      was filed on 22-12-2012. According to the disclosure, a case registered
      in the year 2006 was pending on the date when the affidavit was tendered.
D     However, within four days of filing such an affidavit, a compromise was
      entered into between the original complainant and the employee and an
      application for compounding the offence was filed under Section 320
      CrPC. The employee came to be discharged in view of the deed of
      compromise. That thereafter the employee was selected in the
E     examination and was called for medical examination. However, around
      the same time, his character verification was also undertaken and after
      due consideration of the character verification report, his candidature
      was rejected. The employee filed a writ petition before the High Court
      challenging rejection of his candidature. The learned Single Judge of the
      High Court of Madhya Pradesh allowed the said writ petition. The
F     judgment and order passed by the learned Single Judge directing the
      State to appoint the employee came to be confirmed by the Division
      Bench which led to appeal before this Court. After considering a catena
      of decisions on the point including the decision in Avtar Singh v. Union
      of India, (2016) 8 SCC 471, this Court upheld the order of the State
G     rejecting the candidature of the employee by observing that as held
      in Avtar Singh (supra), even in cases where a truthful disclosure about
      a concluded case was made, the employer would still have a right to
      consider antecedents of the candidate and could not be compelled to
      appoint such candidate.

H
            STATE OF RAJASTHAN v. CHETAN JEFF                                705
                      [M. R. SHAH, J.]

      6.10 After reproducing and/or reconsidering para 38.5 of the           A
decision in Avtar Singh (supra), in Abhijit Singh Pawar (supra), in
para 13, this Court observed and held as under:
             “13. In Avtar Singh [Avtar Singh v. Union of India, (2016)
      8 SCC 471, though this Court was principally concerned with the
      question as to non-disclosure or wrong disclosure of information,      B
      it was observed in para 38.5 that even in cases where a truthful
      disclosure about a concluded case was made, the employer would
      still have a right to consider antecedents of the candidate and
      could not be compelled to appoint such candidate.”
       6.11 Recently, in the case of Rajasthan Rajya Vidyut Prasaran         C
Nigam Limited v. Anil Kanwariya, (2021) 10 SCC 136, this Court
had an occasion to consider the submission on behalf of an employee
whose services were terminated on the ground of filing a false declaration
to the effect that neither a criminal case is pending against him nor has
he been convicted by any Court of law, that subsequently he has been
granted the benefit of Section 12 of the Probation of Offenders Act and      D
therefore his services ought not to have been terminated. This Court has
observed in paras 13 & 14 as under:
      “13. Even otherwise, subsequently getting the benefit of Section
      12 of the 1958 Act shall not be helpful to the respondent inasmuch
      as the question is about filing a false declaration on 14-4-2015       E
      that neither any criminal case is pending against him nor has he
      been convicted by any court of law, which was much prior to the
      order passed by the learned Sessions Court granting the benefit
      of Section 12 of the 1958 Act. As observed hereinabove, even in
      case of subsequent acquittal, the employee once made a false           F
      declaration and/or suppressed the material fact of pending criminal
      case shall not be entitled to an appointment as a matter of right.
      14. The issue/question may be considered from another angle,
      from the employer’s point of view. The question is not about
      whether an employee was involved in a dispute of trivial nature
                                                                             G
      and whether he has been subsequently acquitted or not. The
      question is about the credibility and/or trustworthiness of such an
      employee who at the initial stage of the employment i.e. while
      submitting the declaration/verification and/or applying for a post
      made false declaration and/or not disclosing and/or suppressing
                                                                             H
706              SUPREME COURT REPORTS                           [2022] 4 S.C.R.


A            material fact of having involved in a criminal case. If the correct
             facts would have been disclosed, the employer might not have
             appointed him. Then the question is of TRUST. Therefore, in such
             a situation, where the employer feels that an employee who at the
             initial stage itself has made a false statement and/or not disclosed
             the material facts and/or suppressed the material facts and
B
             therefore he cannot be continued in service because such an
             employee cannot be relied upon even in future, the employer cannot
             be forced to continue such an employee. The choice/option
             whether to continue or not to continue such an employee always
             must be given to the employer. At the cost of repetition, it is
C            observed and as observed hereinabove in catena of decision such
             an employee cannot claim the appointment and/or continue to be
             in service as a matter of right.”
             7. Applying the law laid down by this Court in the aforesaid cases,
      it cannot be said that the authority committed any error in rejecting the
D     candidature of the original writ petitioner for the post of constable in the
      instant case.
             8. Even otherwise it is required to be noted that subsequently and
      during the proceedings before the learned Single Judge as well as the
      Division Bench, there are three to four other FIRs filed against the original
      writ petitioner culminating into criminal trials and in two cases he has
E     been acquitted on the ground of compromise and in one case though
      convicted, he has been granted the benefit of Probation of Offenders
      Act. One more criminal case is pending against him. Therefore, the
      original writ petitioner cannot be appointed to such a post of constable.
             9. In view of the above discussion and for the reasons stated
F     above, both, the learned Single Judge as well as the Division Bench
      have erred in directing the State to consider the case of the respondent
      for appointment as a constable. The judgment and order passed by the
      High Court is unsustainable, both, on facts as well as on law. Under the
      circumstances, the same deserves to be quashed and set aside and is
      accordingly quashed and set aside. It is held that the candidature of the
G
      respondent – original writ petitioner for the post of constable had been
      rightly rejected by the appropriate authority. Present appeal is accordingly
      allowed. In the facts and circumstances of the case, there shall be no
      order as to costs.

H     Nidhi Jain                                                     Appeal allowed.
      (Assisted by : Shashwat Jain, LCRA)