The case involved a petitioner who had joined as a Jail Warden at the District Jail in Pratapgarh on September 13, 2021. In July 2022, he received a show-cause notice for not disclosing that an FIR had been filed against him under the Prevention of Damage to Public Property Act, 1984, during the selection process. The petitioner, however, stated that he was unaware of any such FIR being filed against him.
Despite his explanation, the authorities proceeded to terminate his services. The petitioner then filed a writ petition before the Allahabad High Court, arguing that he had no knowledge of the FIR at the time of his joining and, therefore, had no obligation to disclose it.
Justice Tiwari noted that the respondents had not disputed the petitioner’s claims. The counter-affidavit filed by the respondents acknowledged the facts presented by the petitioner. The Court also referred to the final report in the case, which was accepted by the court on November 2, 2022, and found that no charge sheet had been filed against the petitioner.
The Court relied on the Supreme Court’s judgment in Avtar Singh and the Allahabad High Court’s ruling in Ram Milan Kushwaha v. State of U.P. to emphasize that an individual cannot be held guilty of concealing information unless they are aware of the fact in question.
As the respondents failed to prove that the petitioner had filed a false affidavit, the Court quashed the termination order and directed his reinstatement with all consequential benefits.
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