RAVINDRA KUMAR versus STATE OF U.P. & ORS.

RAVINDRA KUMAR versus STATE OF U.P. & ORS.

On the facts the applicant was acquitted prior to his affidavit, police verification (SHO and Superintendent of Police) certified his character as excellent and found no other complaints; the appointing authority mechanically cancelled selection under Clause 9 without considering the acquittal, character reports and relevant precedents (Avtar Singh, Ram Kumar, Pawan Kumar, Satish Chandra Yadav) requiring objective, case-specific assessment; therefore cancellation was neither fair nor reasonable and must be quashed, with appellant to be appointed and granted notional benefits but no back wages.

Parties
Appellant: Ravindra Kumar; Respondent: State of U.P. & ORS.
Jurisdiction
India
Judgment Date
22 February 2024
Procedural Posture
Civil Appeal No. 5902 of 2012 / Appeal to the Supreme Court Against Judgment and Order Dated 29.10.2010 of the High Court of Judicature at Allahabad
Outcome
Appeal allowed
Legal Topics
Recruitment, Selection, Non Disclosure of Criminal Case in Verification, Character Verification, Holistic Assessment of Suitability
Service Law Employment Criminal Law Recruitment Selection Non Disclosure of Criminal Case in Verification Character Verification Holistic Assessment of Suitability

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Parties

Ravindra Kumar

Appellant

State of U.P. & ORS.

Respondent

Procedural Posture

Civil Appeal No. 5902 of 2012 / Appeal to the Supreme Court Against Judgment and Order Dated 29.10.2010 of the High Court of Judicature at Allahabad

Legal Issues

  1. 1 Whether non-disclosure of a criminal case (in which the candidate was acquitted) in the verification/affidavit form justifies cancellation of selection
  2. 2 What relief is appropriate where selection is cancelled for non-disclosure but the candidate was acquitted and verification reports commend character

Ratio Decidendi

On the facts the applicant was acquitted prior to his affidavit, police verification (SHO and Superintendent of Police) certified his character as excellent and found no other complaints; the appointing authority mechanically cancelled selection under Clause 9 without considering the acquittal, character reports and relevant precedents (Avtar Singh, Ram Kumar, Pawan Kumar, Satish Chandra Yadav) requiring objective, case-specific assessment; therefore cancellation was neither fair nor reasonable and must be quashed, with appellant to be appointed and granted notional benefits but no back wages.

Court Disposition

Appeal allowed

Orders

  • Order of cancellation dated 12.04.2005 quashed and set aside
  • Judgment of the Single Judge and the Division Bench of the High Court dated 16.05.2005 and 29.10.2010 respectively set aside