Delhi High Court Upholds Termination of CISF Constable for Concealing Criminal Cases in Attestation Form

In a significant ruling, the Delhi High Court today upheld the termination of a CISF constable for suppressing information about pending criminal cases in his Attestation Form. The Bench of Justice V. Kameswar Rao and Justice Saurabh Banerjee observed, “Suppression of material information regarding pendency of Criminal Case has a bearing on the suitability of a candidate for a disciplined force like CISF.”

Legal Point of the Judgment: The court held that non-disclosure of pending criminal cases in the Attestation Form constitutes a suppression of material information, impacting the assessment of a candidate’s character and suitability for service in disciplined forces.

Facts and Issues: The petitioner, Shri Nomil Rana, was terminated from CISF after it was discovered that he had not disclosed information about two pending criminal cases against him in his Attestation Form. The petitioner argued that the form was filled out by another person and that he was unaware of the need to disclose these details. The respondents, Union of India and others, contended that such suppression of material facts warranted termination.

Court Assessment: The court meticulously evaluated the arguments, referring to various precedents including ‘Avtar Singh v. Union of India’ and ‘Satish Kumar Yadav v. Union of India’. The Bench highlighted the importance of integrity and transparency in forces like CISF. It was observed that the petitioner’s concealment of criminal cases was a significant lapse, adversely affecting his credibility.

Justice Rao noted, “Every appointment is subject to character and antecedent verification… Suppression of factual information in the Attestation Form can lead to disqualification and can render a candidate unfit for employment.”

Decision: Dismissing the petition, the Court concluded that the petitioner’s suppression of material information regarding pending criminal cases warranted the termination of his service. The Bench stated, “We do not see any merit in the present petition.”

Date of Decision: February 29, 2024

Shri Nomil Rana v. The Union of India and Ors.,