Employer to exercise discretion in matters of cancelling candidature in accordance with law laid down by the Apex Court

Allahabad High Court: A Single Judge Bench comprising of Ashwani Kumar Mishra, J. disposed of a petition where petitioner was selected for appointment to the post of Constable in U.P. Police in the recruitment exercise initiated in the year 2015. He had to be trained but his candidature was not considered on the ground that there were two criminal cases pending against him.

Petitioner contended that he had already been acquitted in one of the criminal cases and in another one, the name of petitioner is not present in the charge sheet. In light of the contention, he prayed that he could not have been denied appointment to the post of Constable. Petitioner referred to the case Avtar Singh v. Union of India, 2016 (8) SCC 471 wherein court concluded that information provided by candidate to employer regarding conviction, if any, ought to be true. In a case where employee had informed employer about any concluded conviction, the employer cannot be compelled to appoint candidate. Where employee had deliberately hidden the truth of his multiple convictions it is on the employer to cancel the candidature of employee.

High Court, therefore, disposed of this petition allowing petitioner to approach respondent with grievance brought before this court. In case such materials are placed before the authority concerned, the same shall be examined, in accordance with the law laid down by the Apex Court in the case referred above. [Yadav Suraj v. State of U.P.,2018 SCC OnLine All 1438, Order dated 24-09-2018]

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