TaxTMI 
TaxTMI 
2013 (7) TMI 1115
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.... test and qualified on 28.9.2001. Subsequently, upon passing the written test, the appellant faced an interview in September, 2001 and, ultimately his name was mentioned in the list of selected candidates published on 30.9.2001. The appellant was called for medical examination on 4/5.10.2001, by which he was found fit. Thus, he was sent for training of six months on 18.10.2001. B. While joining the training, the appellant was asked to submit an affidavit giving certain information particularly, whether he had ever been involved in any criminal case. The appellant submitted an affidavit stating that he had never been involved in a criminal case. The appellant completed his training satisfactorily and it was at this time in January 2002, that the respondent authorities in pursuance of the process of character verification came to know that the appellant was in fact involved in a criminal case. The final report in that case had been submitted by the prosecution and accepted by the learned Magistrate. C. On the basis of the same, the appellant was discharged abruptly on 8.4.2002 on the ground that since he was a temporary government servant, he could be removed from s....
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....e filled up by every appointee, read as under: "4. That no cognizable or non-cognizable criminal case or proceeding has been registered against me to my knowledge and neither have I been fined by the police in any such case and neither is any (police investigation) pending against me. xx xx xx xx 7. That the details of such criminal cases, which were instituted against me in the Court and in which I was punished/convicted/discharged, is as given below. If such information is nil, then word `NIL' should be entered." 8. The reading of the aforesaid clauses of the said affidavit makes it clear that both the clauses have to be read in isolation. Clause 4 deals with a situation, where a case has been registered, an investigation is conducted and the police have filed a final report. Though, the person concerned must have knowledge of the pendency of such an FIR/criminal complaint. Further, clause 7 requires, in case, a person has faced criminal prosecution, he has to furnish the information about the result of that trial as to whether the person has been punished/convicted or acquitted/discharged. Thus, we do not find any force in the submission made by ....
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....mt. Shrisht Dhawan v. M/s. Shaw Bros., AIR 1992 SC 1555, it has been held as under:- "Fraud and collusion vitiate even the most solemn proceedings in any civilized system of jurisprudence. It is a concept descriptive of human conduct." 14. In United India Insurance Company Ltd. v. Rajendra Singh & Ors., AIR 2000 SC 1165, this Court observed that "Fraud and justice never dwell together" (fraus et jus nunquam cohabitant) and it is a pristine maxim which has not lost temper over all these centuries. A similar view has been reiterated by this Court in M.P. Mittal v. State of Haryana & Ors., AIR 1984 SC 1888. 15. In Ram Chandra Singh v. Savitri Devi & Ors., AIR 2004 SC 4096, this Court held that "misrepresentation itself amounts to fraud", and further held "fraudulent misrepresentation is called deceit and consists in leading a man into damage by wilfully or recklessly causing him to believe and act on falsehood. It is a fraud in law if a party makes representations which he knows to be false, and injury ensues therefrom although the motive from which the representations proceeded may not have been bad." The said judgment was re-considered and approved by this Court in Vice-Chairm....
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....003 SC 1709; and A.P. Public Service Commission v. Koneti Venkateswarulu, AIR 2005 SC 4292, this Court examined a similar case, wherein, employment had been obtained by suppressing a material fact at the time of appointment. The Court rejected the plea taken by the employee that the Form was printed in English and he did not know the language, and therefore, could not understand what information was sought. This Court held that as he did not furnish the information correctly at the time of filling up the Form, the subsequent withdrawal of the criminal case registered against him or the nature of offences were immaterial. "The requirement of filling column Nos. 12 and 13 of the Attestation Form" was for the purpose of verification of the character and antecedents of the employee as on the date of filling in the Attestation Form. Suppression of material information and making a false statement has a clear bearing on the character and antecedent of the employee in relation to his continuation in service. 19. In State of Haryana & Ors. v. Dinesh Kumar, AIR 2008 SC 1083, this Court held that there has to be a deliberate and wilful misrepresentation and in case the applicant was not a....