CAT - Ernakulam

Concealment of material facts in attestation form renders candidate ineligible for employment.

Ajesh U v. HLL Life Care Limited and Anr. [O.A No. 180/00088/2026]

CAT - Ernakulam2 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The applicant, Ajesh U, was appointed as Middle Grade-I by the first respondent, HLL Life Care Limited, and was placed on probation for one year

Source reference: p.2

During this period, he received Annexure A2 notice of termination alleging that he had concealed his involvement in criminal cases when applying for the position

Source reference: p.2

The applicant had submitted Annexure R2(a) Attestation Form on April 3, 2025, where, in response to specific questions about arrests, detention, or fines by a court of law, he marked his answer as 'No'

Source reference: p.2

However, a report from the District Police Chief (Annexure A3) dated December 31, 2025, indicated that the applicant was involved in five criminal cases, including Cr. 1710/2015, Cr. 1435/2017, and Cr. 34/2020, in all of which he was acquitted after trial

Source reference: p.2-3

Additionally, in one case, Cr. 110/2022, he pleaded guilty and was fined

Source reference: p.3

Crucially, one criminal case, Cr. 44/2023, was pending under section 55(1) of the Abkari Act on the date he submitted the Attestation Form

Source reference: p.3

The show cause notice was consequently challenged in the present Original Application

Source reference: p.2
02

Issues

Whether the applicant's concealment of involvement in criminal cases, particularly a pending case, rendered him ineligible for the post

Source reference: p.3

Whether there are grounds to interfere with the show cause notice issued by the respondents

Source reference: p.3
03

Law Applied

The court relied on the principle established by the Hon'ble Supreme Court in *State of U.P. v. Dinesh Kumar [2026 AIR SC 546]*, which holds that the concealment of material facts in attestation and verification forms renders a candidate ineligible for the post

Source reference: p.3
04

Reasoning

The Tribunal noted that the applicant had explicitly denied any involvement in criminal cases, arrests, detention, or fines in his Attestation Form

Source reference: p.2

This assertion directly contradicted the police report, which revealed that the applicant had a history of involvement in several criminal cases, and significantly, one case (Cr. 44/2023) was still pending on the date he submitted the form

Source reference: p.3

The Tribunal emphasized that these were "crucial facts" that the applicant had knowingly suppressed

Source reference: p.3

By failing to disclose these material facts in the attestation form, the applicant acted contrary to the established legal principle, as affirmed by the Supreme Court in *State of U.P. v. Dinesh Kumar*, that such concealment makes a candidate ineligible for the position

Source reference: p.3

The court found that the applicant's actions constituted a clear suppression of material information, thereby justifying the show cause notice.

Source reference: no citation
05

Holding

The Tribunal concluded that the applicant had suppressed crucial facts regarding his involvement in criminal cases, including a pending case, at the time of submitting his Attestation Form

Consequently, finding no reason to interfere with the show cause notice, the Original Application was dismissed

Source reference: p.3

No costs were awarded

Source reference: p.3
CAT - Ernakulam

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Ajesh U v. HLL Life Care Limited and Anr. [O.A No. 180/00088/2026]

CAT - Ernakulam

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