CASE DETAILS v. MITUL KUMAR JANA

Issue for consideration: Whether the High Court erred in allowing the writ petition fi led by the respondent, setting aside the order passed by the Administrative Tribunal and directing the appointment of the respondent as constable in the West Bengal police force. Service Law – Suppression of material information – When not: Held: Information sought in the verifi cation roll was regarding arrest, detention and conviction by a Court in any off ence – In reply to the information asked the respondent gave the answer as “no” – As per the contents of the information sought and as per the answer given by the respondent, he was not required to furnish information regarding pending criminal case – Therefore, supply of such information by the respondent does not fall within the expression ‘suppression of material information’ – Tribunal and the High Court rightly found that it is not a case of suppression of material information – Further, criminal case registered against the respondent were for petty off ences – The allegations were neither of heinous/serious off ences, nor related to an off ence involving moral turpitude – Respondent was honourably acquitted – Considering the subsequent development of the clean acquittal of respondent, it requires consideration objectively by the authority, about the question of fi tness, ignoring the issue of supressing the information – High Court could not have directed the issuance of the letter of appointment and taken away the said discretion of the employer – Order modifi ed – Appellant to consider the case of the respondent and issue order of appointment 613 614 SUPREME COURT REPORTS [2023] 11 S.C.R. to the post of constable in West Bengal Police Force, exercising the discretion judiciously in assessing the suitability and antecedents.[Paras 10, 12, 14 and 15] Service Law – Pending criminal case, information furnished – Acquittal – Discretion of the employer: Held: Even in case where the information regarding pending criminal case is truthfully furnished and on acquittal therein, an employer has the discretion to consider the antecedents while issuing the letter of appointment.[Para 14] LIST OF CITATIONS AND OTHER REFERENCES