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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
RAVI CHEEMALAPATI
T. Vijayudu, Narnoor, Kurnool, S/O T.Veeranna Narnoor – Appellant
Versus
Addl DIR Gen of Police Hydanr, Group – Respondent
| Table of Content |
|---|
| 1. petition filed to declare termination illegal (Para 1 , 2) |
| 2. arguments against the alleged violation of natural justice (Para 3 , 5 , 6) |
| 3. court reviews facts and applicable rules (Para 7 , 8 , 9 , 10) |
| 4. legal context of acquittal and the nature of offences (Para 11 , 12) |
| 5. court dismisses the writ petition (Para 13 , 14 , 15) |
ORDER :
Ravi Cheemalapati, J.
This writ petition is filed to declare the proceedings of respondent no.1 passed vide T.V.I/2002-GCH-EC.5, dated 08.09.2002 as illegal, arbitrary and in violation of principles of natural justice.
2. The contents of the writ petition, in brief, are that the petitioner was appointed as constable in Central Reserve Police Force on 28.08.2001 and he was sent to training in RTC IV, Srinagar and while he was undergoing training, the respondent no.1 issued the impugned proceedings terminating his service. That the petitioner learnt that false implication of the petitioner in two criminal cases, which were ended in acquittal, is the reason for passing the termination orders. That the impugned order was passed without issuing any notice and without conducting any enquiry and the said order does not contain any reasons and
Suppression of material information in job applications, even with subsequent acquittal, justifies termination of employment under temporary service rules, emphasizing the gravity of offenses involve....
Deliberate concealment of material facts in the verification roll justifies the termination of services under Rule 5(1) of the Central Civil Services (Temporary Service) Rules, 1965.
Probationary employees may be terminated for violating appointment terms, including misrepresenting criminal history, without requiring formal procedural safeguards.
The main legal point established in the judgment is that suppression of involvement in a criminal case where acquittal had already been recorded before filling of the application/verification form ma....
Where conviction has been recorded in case which is not trivial in nature, employer may cancel candidature or terminate services of the employee.
The importance of adhering to the principles of natural justice and giving an opportunity to explain non-disclosure before termination.
Termination of services for suppression of information must consider acquittal status and requires a departmental inquiry for confirmed employees.
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