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Allahabad High Court Emphasizes Integrity for District Court Appointments, Upholds Termination Over Falsified Affidavit

Last Updated: 23-07-2024 04:28:55pm
Allahabad High Court Emphasizes Integrity for District Court Appointments, Upholds Termination Over Falsified Affidavit

The Allahabad High Court recently underscored the importance of impeccable character, high integrity, and clean antecedents for candidates seeking appointments to district court positions. The Bench, comprising Justice Mahesh Chandra Tripathi and Justice Prashant Kumar, highlighted that hiring individuals with questionable backgrounds could tarnish the institution's reputation.

The Court's ruling, issued on July 1, addressed an appeal challenging the termination of a Group 'D' employee at the Etah District Court. The appellant had applied for the Group 'D' position based on an advertisement from the High Court Recruitment Cell dated October 27, 2022, for the 2020-23 period.

After passing the examination and being selected, the appellant received an appointment letter and began working. However, during the police verification process, it was discovered that the appellant had a prior criminal case against him, although he had been acquitted. At the time of joining, the appellant had sworn an affidavit declaring no pending criminal cases.

The High Court’s advertisement stipulated that the discovery of any criminal case against a candidate would lead to cancellation of their appointment. Consequently, the appellant’s services were terminated. The appellant's counsel argued that he was unaware of the criminal case at the time of filling out the affidavit and that the case's outcome should be considered. However, the respondent’s counsel pointed out that the charge sheet was prepared before the affidavit was sworn, making the falsification significant.

The Court emphasized that the appellant had knowingly withheld information about the criminal case during the appointment process. The Court noted that deliberate concealment of such information could have serious implications for the organization. Citing Rule 15 of the UP State District Court Service Rules, 2013, the Court affirmed that appointments are contingent on the candidate's good character and suitability. Any doubts about a candidate's suitability are subject to the High Court’s final decision.

The High Court upheld the single-judge order and dismissed the appeal, reinforcing the need for transparency and integrity in judicial appointments.

Advocate Puneet Bhadauria represented the appellant, while Advocate Ashish Mishra appeared for the respondent.

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TAGS: Impeccable character high integrity clean antecedents district court appointment Allahabad High Court falsified information criminal case police verification appointment cancellation Rule 15 UP State District Court Service Rules


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