A candidate’s failure to disclose a criminal case known before joining justifies termination.

The petitioner applied for and participated in the recruitment process for Regular Mazdoor under Advertisement No. PHC/01/2025.

He was selected, appointed, and joined on 6 April 2026.

A criminal case was registered against him and his father on 28 December 2025; the petitioner stated that he learned of it later and filed a compromise petition on 19 March 2026.

The respondent terminated his service with effect from 23 May 2026 for violating Clause 12(xiv) of the advertisement; his subsequent representation was rejected.

He sought reinstatement and the setting aside of both orders.

1. Whether the petitioner’s failure to disclose the criminal case constituted a violation of the advertisement’s disclosure and candidature conditions warranting termination after appointment.

2. Whether the termination order and the rejection of the petitioner’s representation should be set aside.

The Court applied Clauses 12(xii) and 12(xiv) of the recruitment advertisement.

Clause 12(xii) provides that candidature may be cancelled if a candidate suppresses, twists, or truncates material facts, and that service may be terminated if such a shortcoming is detected after appointment.

Clause 12(xiv) requires candidates to disclose details of criminal proceedings, FIRs, complaint cases, or punishments, and provides that concealment may lead to disqualification and cancellation of candidature.

The Court cited no statute or judicial precedent.

The Court read the two clauses together and found, on the record relating to the criminal case, that the petitioner had become aware of the case before joining but did not disclose it to the High Court.

It treated that nondisclosure as a violation of the advertisement’s conditions and concluded that the petitioner’s service was liable to termination under Clause 12(xii), read with the disclosure requirement in Clause 12(xiv).

The challenged termination and rejection of the representation were not set aside.