Case: Devendra Kumar Vs. State Of Uttaranchal

"A. An advertisement was published in September 2001 inviting applications from candidates eligible for the 250 posts of Constables in the State of Uttaranchal. The appellant applied in response to the same vide application dated 7.9.2001. He appeared for the physical test and qualified on 28.9.2001. Subsequently, upon passing the written test, the appellant faced an interview in September, 2001 and, ultimately his name was mentioned in the list of selected candidates published on 30.9.2001. The appellant was called for medical examination on 4/5.10.2001, by which he was found fit. Thus, he was sent for training of six months on 18.10.2001.B. While joining the training, the appellant was asked to submit an affidavit giving certain information particularly, whether he had ever been involved in any criminal case. The appellant submitted an affidavit stating that he had never been involved in a criminal case. The appellant completed his training satisfactorily and it was at this time in January 2002, that the respondent authorities in pursuance of the process of character verification came to know that the appellant was in fact involved in a criminal case. The final report in that case had been submitted by the prosecution and accepted by the learned Magistrate.C. On the basis of the same, the appellant was discharged abruptly on 8.4.2002 on the ground that since he was a temporary government servant, he could be removed from service without holding any inquiry.D. The appellant challenged the said order by filing a writ petition and since he was not favoured by the learned single Judge, he challenged the same before the Division Bench but to no avail.Hence, this appeal."

Reasoning: We have examined the judgments of the Division Bench as well as of the learned Single Judge, that are based on pleadings and evidence placed before them, recording the finding that the fact of involvement in the criminal case had been suppressed. No material has been placed before this Court on the basis of which we can take a contrary view.10. So far as the issue of obtaining the appointment by misrepresentation is concerned, it is no more res integra. The question is not whether the applicant 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. 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.11. It is a settled proposition of law that where an applicant gets an office by misrepresenting the facts or by playing fraud upon the competent authority, such an order cannot be sustained in the eyes of law.avoids all judicial acts, ecclesiastical or temporal