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MOHIT KUMAR SHAH
Sunil Kumar, S/o. Rajendra Prasad Yadav – Appellant
Versus
State of Bihar, through the Chief Secretary, Govt. of Bihar – Respondent
JUDGMENT :
1. The instant case has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.
2. The present writ petition has been filed for quashing the order dated 15.09.2019 passed by the Commandant, BMP-7, Katihar by which the petitioner has been inflicted with the punishment of removal from service. The petitioner has also prayed for quashing of the order dated 28.02.2020 passed by the Deputy Inspector General of Police, Military Police, Northern Zone, Muzaffarpur, whereby and whereunder the appeal filed by the petitioner has been rejected as also the order dated 28.05.2020, whereby and where-under the memorial of the petitioner has also been rejected.
3. The brief facts of the case are that the petitioner was selected and appointed on the post of constable in BMP-7 on 10.07.2015. Subsequently, a charge-sheet dated 27.10.2018 was issued to the petitioner wherein charges were framed against the petitioner to the effect that at the time of filling the application form for appointment on the post of constable in pursuance to the Advertisement no. 2 of 2014, the petitioner,
The judgment established the principle of leniency towards minor indiscretions by young individuals and the importance of considering the nature of the offense in government service decisions.
The gravity of the offence, the stage of trial, and other relevant aspects must be considered while deciding on the cancellation of selection based on a criminal case. Trivial allegations may not be ....
Probationary employees may be terminated for violating appointment terms, including misrepresenting criminal history, without requiring formal procedural safeguards.
The court established that pending criminal cases should not automatically disqualify candidates; a contextual evaluation of the offenses is essential.
Non-disclosure of juvenile criminal cases by candidates does not constitute concealment, and such grounds cannot invalidate employment.
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