Ashish Kumar Sahu Vs State Of Chhattisgarh & ors

Chhatisgarh High Court (Single Judge)

WPS->WRIT PETITON SERVICE MATTER, 1182 of 2015, Judgment Date: Apr 08, 2015

The issue with which this Court is required to deal is whether nondisclosure of registration of a criminal case, in which the petitioner has already been acquitted would make him eligible for remaining in employment?

8. In the matter of Devendra Kumar Vs. State of Uttaranchan And Others1, the Supreme Court has held that issue of obtaining appointment by misrepresentation is no more res integra. The question is not whether the applicant is suitable for the post. Pendency of criminal case/proceeding is different from suppressing the information of such pendency. The case pending against the person may not involve moral turpitude but suppression of information itself amounts to moral turpitude. In fact, the information sought by the employer, if not disclosed as required, would definitely amount to suppression of material information. 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.

Accordingly, the writ petition is dismissed.