Rajendra Prasad Nishad v. Chairman Up Subordinate Service Selection Commission
2017-01-11
DEVENDRA KUMAR UPADHYAYA
body2017
DigiLaw.ai
JUDGMENT Devendra Kumar Upadhyaya, J. Heard learned counsel for the petitioner and learned Standing Counsel appearing for the State-respondent. Shri Kunal Chandra Agarwal, Advocate holding brief of Shri Gaurav Mehrotra, learned counsel representing the Subordinate Services Selection Commission, Lucknow has also been heard. The petitioner had participated in a selection held by U.P. Subordinate Services Selection Commission for appointment on the post of Social Welfare Supervisor. The petitioner qualified in the written test and he was required to appear for interview on 30.06.2016. After interview, the result by the Selection Commission has been declared on 06.08.2016, wherein the petitioner appears to have been selected on the post of Collection Amin. However, it further appears that on account of reshuffling or some other reason, the petitioner has been finally selected on the post of Social Welfare Supervisor. The Commission has sent recommendation for appointing the petitioner on the post in question and accordingly from the office of Director, Social Welfare by means of a letter dated 07.11.2016 the petitioner was required to submit his original documents/testimonials for verification. It appears that before issuing appointment order, exercise of character verification has been undertaken and in the said process Police Station-Karaundi Kala, District-Sultanpur has reported to the District Magistrate, Sultanpur that against the petitioner a Non-Cognizable Report No.60/2012, under Sections 323 & 504 of I.P.C. was registered whereafter a charge-sheet appears to have been filed 15.01.2016. The other candidates, who were recommended for appointment on the post of Social Welfare Supervisor, have been sent for training, however, the petitioner has been left which has necessitated filing of the instant writ petition with a prayer for issuing a direction to the respondents to send him for training. The petitioner is seeking appointment under the State Government and it is incumbent on the State Government to verify the character of the petitioner as this is his first appointment under the Government. The issue relating to verification of character is governed by a Government Order dated 28.04.1958, which gives a complete procedure for verification of the character of a candidate seeking appointment with the State Government. The Government Order provides that every candidate seeking direct recruit to any service under the State Government shall be required to produce a certificate of conduct and character from the head of the educational institution where he last studied and certificates of character from two persons.
The Government Order provides that every candidate seeking direct recruit to any service under the State Government shall be required to produce a certificate of conduct and character from the head of the educational institution where he last studied and certificates of character from two persons. It further requires that in case of any doubt, the appointing authority may either ask for further references, or may refer the case to the District Magistrate concerned and thereafter the District Magistrate may then make further enquiries as he considers necessary. The Government Order also clearly indicates that a conviction need not of itself involve the refusal of a certificate of good character, rather the circumstances of conviction should be taken into account and if they involve on moral turpitude or association with crimes of violence or with a movement which has its object to overthrow the Government by violent means, character may be certified. Mere conviction need not be regarded as disqualification. Note-(a) as finds mentioned in the said Government Order dated 28.04.1958 is extracted herein below: - "Note-(a) A conviction need not of itself involve the refusal of a certificate of good character. The circumstances of the conviction should be taken into account and if they involve on moral turpitude or association with crimes of violence or with a movement which has its object to overthrow by violent means of Government as by law now established in free India the mere conviction need not be regarded as disqualification. (Conviction of a person during his childhood should not necessarily operate as a bar to his entering Government service. The entire circumstances in which his conviction was recorded as well as the circumstances in which he is now placed should be taken into consideration. If he has completely reformed himself on attaining the age of understanding and discretion, mere conviction in childhood should not operate as a bar to his entering Government service)." Thus, what is of the significance to be noticed here is that mere involvement of a person seeking direct recruitment under the services of the State Government in a criminal case in itself will not render the candidate concerned to be unfit for seeking employment; neither will it lead to refusal of a certificate of good character.
The appointing authority has to be satisfied on the basis of enquiries to be made in terms of the provisions contained in the Government Order dated 28.04.1958 that the person seeking employment under the Government is fit and he is not involved in any case involving moral turpitude or association with crimes of violence or with a movement having the potential of overthrowing the Government established by law by violent means. If the instant case is examined on the parameters, as enumerated in the Government Order dated 28.04.1958, one comes to the conclusion that prima facie the alleged involvement of the petitioner in the case under Sections 323 and 504 of I.P.C. is not related in any manner to any offence referable as moral turpitude or a crime of violence or any action which may amount to overthrowing the Government by violent means. The First Information Report is on record which was lodged on 27.05.2012 at Police Station-Karaundi Kala, District-Sultanpur. The First Information Report which contains the allegations against the petitioner is extracted herein below: - "bl le; Jhefr Qwyknsoh iRuh Lo0 f>axqjh fuoklh dV?kj iwjs pkSgku ih0 ,l0 djkSanh dyk] tuin lqYrkuiqj us mifLFkr Fkkuk vkdj lwpuk tqckuh fn;k fd [kkuk ua0 2 esa vafdr yksxksa us vius lejlscqy ls ikuh [kksy fn;k Fkk tks esjs njokts ij Hkj bdVBk gks jgk Fkk ftlls ty teko gks x;k Fkk] mldks jksdus ds fy, eSusa feVVh Mkyuk 'kq: dj fn;kA blh ls ukjkt gksdj foi{khx.kksa us gesa xkyh xqIrk fn;k Jheku th esjh fjiksVZ fy[kdj dkuwuh dk;Zokgh djus dh d`ik djsaA " A bare perusal of the contents of the aforesaid First Information Report would lead any person of common prudence to conclude that merely on the basis of said First Information Report or pendency of a criminal case based on the same, it cannot be said that the petitioner does not possess good character in terms of the provisions contained in the Government Order dated 28.04.1958. In these circumstances, it would be appropriate to direct the Director, Social Welfare, U.P. to obtain a certificate of good character and report from the District Magistrate, Sultanpur. Thus, it is directed that the Director, Social Welfare will require the District Magistrate, Sultanpur to submit his report as to the certificate of good character of the petitioner.
In these circumstances, it would be appropriate to direct the Director, Social Welfare, U.P. to obtain a certificate of good character and report from the District Magistrate, Sultanpur. Thus, it is directed that the Director, Social Welfare will require the District Magistrate, Sultanpur to submit his report as to the certificate of good character of the petitioner. The District Magistrate while getting an enquiry conducted for the purposes of certifying the character of the petitioner will be strictly guided by the provisions embodied in the Government Order dated 28.04.1958. The aforesaid exercise shall be completed by the District Magistrate and the Director, Social Welfare within a period of two months from the date of production of certified copy of this order. The petitioner shall apprise the Director, Social Welfare and the District Magistrate, Sultanpur of this order by furnishing certified copy thereof within a week from today. The petitioner while apprising the District Magistrate and the Director, Social Welfare of the order being passed by the Court by means of separate representation shall also annexe therewith a copy of the Government Order dated 28.04.1958. After the report is obtained from the District Magistrate, Sultanpur, the Director, Social Welfare shall proceed further to take appropriate steps for appointing the petitioner on the post in question depending on the outcome of the enquiry relating to the character of the petitioner which may be conducted by the District Magistrate. With the aforesaid observations and directions, the writ petition is finally disposed of.