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Ravindra Kumar vs. State of U.P.

Not available · 2024 INSC 131Decided 22 Feb 2024
Not available
Justice J.K. Maheshwari · Justice K.V. Viswanathan

Background

Ravindra Kumar applied for the post of Constable in 2004. Days after applying, he was implicated in a minor criminal case (assault-type offences), from which he was later acquitted after witnesses turned hostile and a compromise was reached on one charge. When he submitted his character-verification affidavit, he stated no criminal case had ever been registered against him. On discovering the earlier case, the authorities cancelled his selection for suppressing this fact and filing a false affidavit, and the High Court upheld the cancellation.

Decision Breakdown

The Supreme Court held that there is no absolute, one-size-fits-all rule that non-disclosure of an acquitted criminal case automatically disqualifies a candidate: each case must be assessed on its own facts, considering the nature of the offence, the outcome (honourable acquittal vs technical acquittal), and whether there was genuine concealment or a bona fide belief that no case was pending. Given the trivial nature of the case, the clean acquittal, and the surrounding circumstances, the Court held the cancellation was disproportionate, set aside the High Court's and the authorities' orders, and directed the appellant's appointment as Constable with full notional benefits (seniority, pay), though without back wages for the period not served.

Lesson Learnt

Disclosure requirements in government job applications must be judged with proportionality: an acquittal in a minor, resolved criminal matter does not automatically justify cancelling a selection, and courts will look at the full context rather than apply a mechanical bar.

Official source (sci.gov.in)View Judgment (PDF)

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