Akash Chouhan vs Honble High Court Of M.P on 5 March, 2026

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    Madhya Pradesh High Court

    Akash Chouhan vs Honble High Court Of M.P on 5 March, 2026

    Author: Vivek Rusia

    Bench: Vivek Rusia

              NEUTRAL CITATION NO. 2026:MPHC-JBP:18383
    
    
    
    
                                                                   1                               WP-9109-2017
                                  IN     THE      HIGH COURT OF MADHYA PRADESH
                                                        AT JABALPUR
                                                              BEFORE
                                                HON'BLE SHRI JUSTICE VIVEK RUSIA
                                                                &
                                               HON'BLE SHRI JUSTICE PRADEEP MITTAL
                                                       ON THE 5 th OF MARCH, 2026
                                                     WRIT PETITION No. 9109 of 2017
                                                       AKASH CHOUHAN
                                                            Versus
                                             HONBLE HIGH COURT OF M.P AND OTHERS
                               Appearance:
                                       Shri Mahabir Prasad Sharma, with Shri Nilesh Kotecha, Advocates for
                               petitioner.
                                       Shri Siddharth Seth, Advocate for respondents.
    
                                                                       ORDER
    

    Per: Justice Pradeep Mittal

    This petition under Article 226 of the Constitution of India has been
    filed against order dated 18.01.2017 passed in Case No. Endorsement
    No.E/587/three-18-11- 2015 Gwalior passed by the respondents.

    SPONSORED

    (2) The facts leading to the filing of the present petition are that the

    petitioner was appointed as Assistant Grade-III by the respondents on
    04.10.2010 and joined his duties on 14.10.2010. During the process of
    appointment, the petitioner’s character verification was conducted through
    the Superintendent of Police, Gwalior. At that time, the petitioner disclosed
    that certain matrimonial cases were pending between him and his wife Smt.
    Shivani Rajak, including Crime No. 792/2009, and also submitted an

    Signature Not Verified
    Signed by: MANVENDRA
    SINGH PARIHAR
    Signing time: 09-03-2026
    18:26:02
    NEUTRAL CITATION NO. 2026:MPHC-JBP:18383

    2 WP-9109-2017
    affidavit dated 22.03.2011 regarding the pendency of such cases.
    subsequently, the disputes between the petitioner and his wife were amicably
    settled and all the cases pending between them were disposed of on the basis
    of compromise by the competent courts. After joining service, the
    petitioner’s wife Smt. Shivani Rajak made several complaints against the
    petitioner to the authorities, alleging concealment of information regarding
    pending cases. On the basis of the said complaints, the petitioner was called
    upon to submit explanations and enquiries were conducted by the authorities.
    In the earlier enquiry conducted by the First Additional District Judge,
    Gwalior, the petitioner was exonerated, holding that the petitioner had
    already disclosed the relevant facts at the time of joining. Despite the earlier

    enquiry report, the petitioner’s wife again submitted complaints to the
    authorities in the year 2012 and 2014, alleging that the petitioner had
    obtained employment by furnishing incorrect information. There after a
    departmental enquiry was initiated against the petitioner and a charge-sheet
    was issued alleging that the petitioner had furnished incorrect information
    regarding the pendency of criminal cases at the time of submitting the
    application form. After completion of the departmental enquiry, the District
    and Sessions Judge, Gwalior, vide order dated 08.06.2015, imposed the
    punishment of removal from service upon the petitioner in Departmental
    Enquiry No. 08/2014. Review application against the said order before the
    District and Sessions Judge, Gwalior, which was rejected on 25.06.2015.
    Departmental appeal, which was also rejected by the respondent authority
    vide order dated 18.01.2017. The petitioner filed the present petition on the

    Signature Not Verified
    Signed by: MANVENDRA
    SINGH PARIHAR
    Signing time: 09-03-2026
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    3 WP-9109-2017
    following grounds.

    (3) It is submitted by the learned counsel for the petitioner that the
    petitioner had served the department for about five years with a good service
    record, and his Confidential Reports were satisfactory. The impugned orders
    of removal from service and rejection of appeal are arbitrary,
    disproportionate, and passed without proper application of mind and prays
    for quashment of the impugned orders and reinstatement in service with
    consequential benefits.

    (4) The petitioner contended that the enquiry report dated
    01.11.2014 clearly recorded that he was not found guilty of the charges
    mentioned in the charge-sheet dated 26.04.2014. It was also submitted that
    the preliminary enquiry conducted earlier had already exonerated the
    petitioner of allegations regarding suppression of facts while seeking
    appointment.

    (5) The petitioner further argued that the order directing a detailed
    departmental enquiry dated 24.05.2014 was issued without serving a prior
    show cause notice, which is contrary to the principles of natural justice. It
    was also submitted that the punishment order dated 08.06.2015 was not
    based on the enquiry report but on the findings of the Administrative
    Committee, and the departmental appeal dismissed on 18.01.2017 was not a
    speaking order.

    (6) Reliance was placed on the decision in B.C. Chaturvedi v. Union
    of India
    (AIR 1996 SC 484), wherein it was held that the High Court or

    Tribunal may interfere where the punishment imposed by the disciplinary

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    Signed by: MANVENDRA
    SINGH PARIHAR
    Signing time: 09-03-2026
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    authority shocks the conscience of the Court.

    (7) The petitioner also referred to a similar case i.e. Order No.
    B/1014/Teen-18-91/08 (Gwalior), Jabalpur, dated 25.02.2010, passed by the
    authorities of Respondents No. 1 and 2 directing the reinstatement of Shri
    Shashi Shekhar Sharma in service without back wages after setting aside the
    order of dismissal passed against him on the ground of suppression of
    criminal cases. The petitioner is also entitled to the benefit of the aforesaid
    order dated 25.02.2010 passed by Respondents No. 1 and 2.

    (8) Learned counsel for the petitioner placed reliance on order
    passed by Rajasthan High Court in the case of Varun Kumar Karwasra Vs.
    the Union of India and others
    (D.B. Civil Petition No. 7101 of 2015 order
    dated 03.03.2016) to say that if a minor criminal case ends in compromise
    before trial and the candidate reasonably believes he was never “prosecuted,”

    non-disclosure in the attestation form does not amount to suppression of
    material information, and termination of service on that basis is arbitrary.

    (9) Learned counsel also placed reliance on the judgment of the
    Hon’ble Supreme Court rendered in the case of Pawan Kumar Vs. Union of
    India and others
    reported as 2022 LiveLaw (SC) 441 to submit that
    a candidate cannot be automatically denied public employment solely due to
    past involvement in a criminal case, especially when the offence is minor or
    trivial, and the person has been acquitted or the case ended in
    compromise. Authorities must conduct a case-by-case evaluation instead of
    adopting a blanket disqualification policy.

    (10) Counsel for respondents placed reliance on the order passed in

    Signature Not Verified
    Signed by: MANVENDRA
    SINGH PARIHAR
    Signing time: 09-03-2026
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    5 WP-9109-2017
    Satyendra Singh vs. State of U.P. and two others (Neutral Citation No.
    2024:AHC:4359), particularly referring to paragraph 16 thereof wherein the
    respondents relying upon the judgments rendered by the Hon’ble Supreme
    Court in Satish Chandra Yadav vs. Union of India and others, (2023) 7 SCC
    5 3 6 a n d State of M.P. and others vs. Bhupendra Yadav, AIR 2023 SC
    4553 argued that in the said judgments the Hon’ble Supreme Court had
    categorically held that suppression or concealment of facts relating to the
    pendency of criminal cases by a candidate is, by itself, sufficient ground for
    cancellation of his candidature or termination of his services. It was further
    submitted that a person who, at the time of filling up the application form,
    fails to disclose pending criminal cases cannot be permitted to work on a
    sensitive post, as such non-disclosure raises serious doubts about his
    character. Therefore, the employer has every right to deny appointment to
    such a candidate.

    Heard the learned counsel for the parties.

    (11) Admittedly, the petitioner applied for the post of Assistant
    Grade-III, wherein he declared that he was unmarried and that no criminal
    case was pending before any court or registered at any police station against
    him. However, after the issuance of the appointment order, he submitted a
    verification form along with an affidavit in which, for the first time, he
    disclosed that he was married and that both criminal and civil cases were
    pending before the court.

    (12) The petitioner’s wife had lodged a criminal case against him at
    Police Station Jankganj under Sections 498A, 406, 34, and 323 of the IPC,

    Signature Not Verified
    Signed by: MANVENDRA
    SINGH PARIHAR
    Signing time: 09-03-2026
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    6 WP-9109-2017
    along with Section 3/4 of the Dowry Prohibition Act. Several complaints
    were also made by his wife against him. During the pendency of the
    complaint, an amicable settlement took place between the husband and wife.
    On the basis of the settlement, the criminal proceedings were quashed by the
    High Court, and the petitioner was acquitted of all the charges.

    (13) The petitioner’s wife made a complaint against him on
    22.11.2012, alleging that he had secured the job by concealing material facts
    regarding his marital status and by not disclosing the pending criminal cases.
    Another complaint was submitted to the Administrative Judge of the High
    Court, Gwalior Bench, on 19.02.2014, and yet another complaint was made
    to the District Judge on 12.03.2014.

    (14) A preliminary inquiry was conducted by the First Additional
    District Judge, Gwalior, who found that the application for appointment had
    been received on 08.02.2010 and that after joining the service the petitioner
    had submitted an affidavit along with a letter disclosing all the relevant facts.
    Therefore, it was concluded that no case of non-disclosure of material facts
    was made out.

    (15) Subsequently, a second preliminary inquiry was conducted by
    the Special Judge (Atrocities), Gwalior, and on the basis of the report
    submitted by the Special Judge, a departmental inquiry was initiated. The
    10th District Judge, Gwalior, observed that when the alleged incorrect

    disclosure was made in the application form, the delinquent employee was
    not a government servant; therefore, the Civil Services Conduct Rules were
    not applicable. However, the District Judge, Gwalior, did not accept the said

    Signature Not Verified
    Signed by: MANVENDRA
    SINGH PARIHAR
    Signing time: 09-03-2026
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    finding and, after providing an opportunity of hearing, imposed the
    punishment of termination of service upon the petitioner.

    (16) In Kanailal Bera v. Union of India, (2007) 14 SCC 517 , the
    Supreme Court held that once disciplinary proceedings are initiated, they
    must be brought to their logical conclusion, meaning thereby that a finding
    must be recorded as to whether the delinquent officer is guilty of the charges
    levelled against him or not. In a given situation, further evidence may be
    directed to be adduced, but that does not mean that, despite holding the
    delinquent officer partially guilty of the charges, another inquiry may be
    initiated on the very same charges which could not be proved in the first
    inquiry. The aforesaid principle is not applicable to the present case, as three
    preliminary enquiries were conducted to ascertain whether any grounds
    existed for initiating a departmental inquiry. The said principle applies only
    in cases where the departmental inquiry has been concluded in accordance
    with the Civil Services Conduct Rules.

    (17) In Union of India and Others v. Hariom, 2007 (1) JLJ 12 , it was
    held that if an employee was not convicted of any offence on the date of
    filling the verification roll, the mere pendency of a criminal case was not
    required to be disclosed, particularly when the employee was subsequently
    acquitted.

    (18) Further, in D.D. Rampure (Devi Dayal Rampure) v. State of
    M.P. & Others
    , 2014 (1) MPJR 155, it was held that once the disciplinary
    authority passes an order of punishment or exoneration on the basis of the
    enquiry officer’s report, it becomes functus officio, and in the absence of any

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    Signed by: MANVENDRA
    SINGH PARIHAR
    Signing time: 09-03-2026
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    8 WP-9109-2017
    enabling provision, it cannot recall, review, or modify its own order or direct
    further inquiry on the same charges from which the employee has already
    been exonerated.

    (19) The reliance placed by the learned counsel for the respondents on
    the cases of Director General of Police, Tamil Nadu, Mylapore Vs. J.
    Raghunees reported as (2023) 16 SCC 647, Kendriya Vidyalaya Sangathan
    and others Vs. Ram Ratan Yadav
    reported as (2003) 3 SCC 437, Daya
    Shankar Yadav Vs. Union of India and others
    reported as (2010)14 SCC
    103, Devendra Kumar Vs. State of Uttaranchal and others reported as (2013)
    9 SCC 363, Rajasthan Rajya Vidyt Prasaran Nigam Limited and another Vs.
    Anil Kanwariya
    reported as (2021) 10 SCC 136, State of M.P. and others Vs.
    Abhijit Singh Pawar
    reported as (2018) 18 SCC 733, Avtar Singh Vs. Union
    of India and others reported as (2016) 8 SCC 471, Satyendra Singh (Supra),
    Satish Chandra Yadav Vs. Union of India and others reported as (2023) 7
    SCC 536, State of M.P. and others Vs. Bhupendra Yadav
    (2024) 18 SCC 628
    are distinguishable to the facts and circumstances of the present case.

    (20) It is not disputed that on the date of filing the application for
    appointment to the post of Assistant Grade-III, the petitioner was not a
    government servant. Therefore, a crucial issue arises as to whether the Civil
    Services Conduct Rules are applicable to a person who was not in
    government service at the time when the alleged misconduct was committed.

    (21) Admittedly, when the alleged concealment of material facts
    occurred in the application form, the petitioner was not in service. Such
    concealment, if any, could have resulted in the cancellation of his

    Signature Not Verified
    Signed by: MANVENDRA
    SINGH PARIHAR
    Signing time: 09-03-2026
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    9 WP-9109-2017
    candidature, or the appointing authority could have condoned it upon
    disclosure of the relevant facts. After his appointment, the petitioner fairly
    disclosed all the relevant facts, and the District Judge, after conducting an
    inquiry, found that there was no concealment of material facts.

    (22) This clearly implies that the appointing authority condoned the
    alleged suppression of facts and did not cancel the petitioner’s candidature
    for the said post. In Lal Audhraj Singh Lal Rampratap Singh v. State of
    Madhya Pradesh
    , 1987 MPLJ 528, it was held that once the master has
    condoned the misconduct of a servant, punishment cannot thereafter be
    imposed for the same misconduct. A master cannot impose any punishment
    on a servant for misconduct which has already been condoned.

    (23) It is essential to reproduce Rule 1(3),2(b) and 22A of the the
    Madhya Pradesh Civil Services (Conduct) Rules, 1965:

    “(3) Save as otherwise provided in these rules they shall apply to
    all persons appointed in civil services and posts in connection with
    the affairs of the State of Madhya Pradesh:

    2(b) “Government servant” means any person appointed to any
    civil service or post in connection with the affairs of the State of
    Madhya Pradesh.

    [22A. General concept of misconduct.- Without prejudice to the
    generality of the concept of misconduct, any act or omission in
    breach of direction or prohibition enacted in these rules shall
    amount misconduct punishable under the M.P. Civil Services
    (Classification, Control and Appeal) Rules, 1966.]”

    (24) From a conjoint reading of Rule 1(3) and Rule 2(b) of the
    Madhya Pradesh Civil Services (Conduct) Rules, 1965, it is evident that the
    said rules apply to persons who are appointed to a civil service or post in
    connection with the affairs of the State and thereby acquire the status of a
    Government servant. Further, Rule 22A clarifies that any act or omission in

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    Signed by: MANVENDRA
    SINGH PARIHAR
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    10 WP-9109-2017
    violation of the directions or prohibitions contained in the Conduct Rules
    would constitute misconduct, which is punishable under the M.P. Civil
    Services (Classification, Control and Appeal) Rules, 1966. Thus, only a
    person who falls within the definition of a Government servant and is
    governed by the Conduct Rules can be proceeded against for misconduct
    under the said disciplinary framework. In such circumstances, the
    departmental inquiry for any misconduct prior to the appointment of
    government servant is bad in law; hence, the conviction of the petitioner
    cannot be sustained.

    (25) The petitioner is not a person with a criminal background. Due
    to family differences, his wife gave a colour of criminal acts against him to
    fulfil her own interest. After settlement of the dispute, she is living her life
    peacefully. The criminal case registered against the petitioner has been
    quashed by the High Court; therefore, no criminal incident survives against
    him.

    (26) A perusal of the appointment order reveals that it specifically
    stipulates that in the event any pending case against the employee is decided,
    he shall immediately inform the office and furnish a copy of the judgment.
    The condition, therefore, only casts an obligation upon the employee to
    intimate the department regarding the final outcome of the pending case and
    to submit the relevant judgment forthwith.

    (27) The said stipulation does not provide that the mere pendency of a
    case would constitute a disqualification for appointment to the post of
    Assistant Grade-III. Rather, the language of the condition clearly indicates

    Signature Not Verified
    Signed by: MANVENDRA
    SINGH PARIHAR
    Signing time: 09-03-2026
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    11 WP-9109-2017
    that the employee was permitted to hold the post notwithstanding the
    pendency of the case, subject to the requirement of informing the department
    about the decision of the case as and when it is finally adjudicated. Thus, the
    condition contained in the appointment order implies that there was no bar to
    the appointment of the employee to the post of Assistant Grade-III merely on
    account of the pendency of the case.

    (28) Accordingly, the petition is allowed. The order dated
    08.06.2014 (Annexure P/24), order dated 25.06.2015 (Annexure P/26) as
    well as order dated 18.01.2017 (Annexure P/29) are quashed. The
    termination of the petitioner is set aside, and the respondent authorities are
    directed to reinstate him on the post of Assistant Grade-III. In the aforesaid
    facts and circumstances of the case, the principle of “no work, no pay” shall
    apply. Since the petitioner did not discharge duties during the relevant
    period, he shall not be entitled to back wages for that period; however, he
    shall be entitled to continuity of service for all other consequential benefits
    in accordance with law.

                                       (VIVEK RUSIA)                                (PRADEEP MITTAL)
                                           JUDGE                                         JUDGE
                               MSP
    
    
    
    
    Signature Not Verified
    Signed by: MANVENDRA
    SINGH PARIHAR
    Signing time: 09-03-2026
    18:26:02
    



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