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2013 (7) TMI 1115 - SC - Indian LawsTermination of service - temporary government servant - removed without holding any inquiry - advertisement published for the 250 posts of Constables - appointment by misrepresentation - involved in a criminal case - concealment of fact while giving information in regard to clause 4 and clause 7 of Proforma of Affidavit - HELD THAT:- We do not find any force in the submission made by Ms. Nanita Sharma, learned counsel for the appellant, that the clause 4 and 7 have to be read together and such information was required to be furnished only and only if the person faced the trial and not otherwise. It is a settled proposition of law that where an applicant gets an office by misrepresenting the facts or by playing fraud upon the competent authority, such an order cannot be sustained in the eyes of law. “Fraud avoids all judicial acts, ecclesiastical or temporal.” In the instant case, the High Court has placed reliance on the Govt. Order, relating to verification of the character of a Government servant, upon first appointment, wherein the individual is required to furnish information about criminal antecedents of the new appointees and if the incumbent is found to have made a false statement in this regard, he is liable to be discharged forthwith without prejudice to any other action as may be considered necessary by the competent authority. The purpose of seeking such information is not to find out the nature or gravity of the offence or the ultimate result of a criminal case, rather such information is sought with a view to judge the character and antecedents of the job seeker or suitability to continue in service. Withholding such material information or making false representation itself amounts to moral turpitude and is a separate and distinct matter altogether than what is involved in the criminal case. The persons violating the law cannot be permitted to urge that their offence cannot be subjected to inquiry, trial or investigation. (Vide: Union of India v. Maj. Gen. Madan Lal Yadav [1996 (3) TMI 472 - SUPREME COURT] and Lily Thomas v. Union of India & Ors.,[2000 (5) TMI 1045 - SUPREME COURT]. The courts below have recorded a finding of fact that the appellant suppressed material information sought by the employer as to whether he had ever been involved in a criminal case. Suppression of material information sought by the employer or furnishing false information itself amounts to moral turpitude and is separate and distinct from the involvement in a criminal case. Thus, the appeal is devoid of any merit and is accordingly dismissed.
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