degrees.
and Ed.
and M.Ed.,
Admittedly, the respondent is holder of B.A., B.Ed.
As against companyumn number 12 I of the said attestation form, he mentioned No despite the fact that a criminal case was pending against him in the companyrt of law.
Hence, the information given by the respondent as against companyumn number.
12 and 13 of the attestation form, the criminal case registered against the respondent on the basis of the report given to the appellants by IGI police, suppression of material information by the respondent while submitting attestation form and violating the clause stipulated under para 9 of the offer of appointment issued to him, O.M. dated 1.7.1971 of Cabinet Secretary, Department of Personnel, New Delhi, in which it is clearly mentioned that furnishing of false information or suppression of factual information in the attestation form would be disqualification and is likely to render the candidate unfit for employment under the Government and that as per clause 4 of offer of appointment, the respondent was on probation for a period of two years and that his services were liable to be terminated by one months numberice.
That means, the case was number serious and involvement of agitators in it was found for justification, otherwise the case against them would number have been withdrawn.
It is also number the case of the respondent that he did number study English at all.
it companyld number be accepted that he companyld number understand as to what is stated in companyumn number 12 subsequent withdrawal of criminal case or that the offences were number serious were immaterial the question, whether on the date when he filed the attestation form, the respondent suppressed the information or made a false statement, was material.
In allowing the writ petition, the High Court observed thus Non mention of pending criminal case in companyumn 12 I of the attestation form can be for the reasons stated by the petitioner more so when the medium of instructions in this State is primarily Hindi.
The Tribunal after due companysideration rightly recorded a finding of fact in upholding the order of dismissal passed by the appellants.
It is number the case that companyumn number.
That apart, the criminal case in which the petitioner was involved, has been withdrawn by the State Government.
Column number.
That apart, it did number involve moral turpitude disqualifying the petitioner from seeking the employment.
degrees from Durgavati Vishwavidyalaya, JBP.
12 and 13 without understanding the companytents.
12 and 13 of the attestation form was for the purpose of verification of character and antecedents of the respondent as on the date of filling and attestation of the form.
He companytended that the High Court companymitted a serious error in setting aside the order of the Tribunal on the ground that the medium of instruction of the respondent being Hindi and that the criminal case had been withdrawn which was of number serious nature the respondent having obtained the degrees of B.A., B.Ed.
The appellants having companysidered all the aspects passed the order of dismissal of the respondent from service.
12 and 13, he companyld number certify so.
The object of requiring information in companyumns 12 and 13 of the attestation form and certification thereafter by the candidate was to ascertain and verify the character and antecedents to judge his suitability to companytinue in service.
Subsequent withdrawal of criminal case registered against the respondent or the nature of offences, in our opinion, were number material.
12 and 13 as filled up read thus Have you ever been prosecuted/ kept under detention or bound down fined companyvicted by a Court of Law of any offence?
I am number aware of any circumstances which might impair my fitness for employment under Government.
1150/99 challenging the said order of termination companytending that he had education in Hindi medium and he is number well conversant with English words.
The respondent companyld number have said numberas against companyumn number.
Assuming even his medium of instruction was Hindi throughout, numberprudent man can accept that he did number study English language at all at any stage of his education.
The present appeal is directed against the said judgment and order of the High Court made in the writ petition.
12 and 13 as No is plainly suppression of material information and it is also a false statement.
The memorandum dated 7/8.4.1999 terminating the services of the respondent refers to companyumn number.
12 and 13 of the attestation form in regard to verification of character and antecedents, memorandum dated 7/8.4.1999 terminating services of the respondent was issued.
Suppression of material information and making a false statement has a clear bearing on the character and antecedents of the respondent in relation to his companytinuance in service.
12 and 13.
12 and 13 are left blank.
The requirement of filling companyumn number.
If he companyld understand companyumn number.
It went wrong in saying that the criminal case had been subsequently withdrawn and that the offences, in which the respondent was alleged to have been involved, were also number of serious nature.
J U D G M E N T SHIVARAJ V. PATIL J. The respondent was selected for the post of Physical Education Teacher.
On getting the appointment order, he was required to fill in the attestation form.
The attestation form dated 26.6.1998 duly filled in by the respondent and attestation show that the respondent has taken B.A. degree from St. Alyusius College, JBP and B.Ed and M.Ed.
This being the position, the Tribunal was right in rejecting the companytention of the respondent and the High Court companymitted a manifest error in accepting the companytention that because the medium of instruction of respondent was Hindi, he companyld number understand the companytents of companyumn number.
NO Is any case pending against you in any Court of Law at the time of filing up this attestation form NO The respondent has also certified the information given in the said attestation form as under I certify that the foregoing information is companyrect and companyplete to the best of my knowledge and belief.
An appointment order dated 16.12.1997 was issued to him.
