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BIBEK CHAUDHURI
Pankaj Kumar – Appellant
Versus
State of Bihar – Respondent
ORDER
The petitioner had applied for the post of Steno, Police Sub-Inspector on 02nd May 2018, on the basis of advertisement no. 01/2018 issued by the Bihar Police Sub-ordinate Service Commission. On or about 22nd September 2018, a complaint was lodged against the petitioner and others in the Dhobahan outpost on the basis of which a criminal case being Case No. 311/2018 under Sections 341/223/379/324/504/506/34 of the IPC was registered. During the pendency of the case, the petitioner was selected for service on the post of Steno Sub-Inspector of Police. Subsequently, he was asked to submit a verification form wherein, he was specifically asked as to whether:—
(a) he was arrested in any case or not;
(b) any case was instituted against him or not;
(c) he was kept under police custody or not;
(d) he was under the vigilance of police or not;
(e) he was sentenced to pay fine or not;
(f) he was convicted in a criminal case or not.
2. The petitioner filled up his verification form, giving a reply to the above-mentioned questions in negative. Subsequently, during verification by the police department, the authority came to know that a police case was lodged against the petitioner on 22nd Septembe
Suppressing minor criminal information does not automatically disqualify candidates for government service; context and fairness must guide the decision-making process.
Appointment – Even in a case where information regarding pending criminal case is truthfully furnished and on acquittal therein, employer has discretion to consider antecedents while issuing letter o....
Termination – Even where there was a subsequent acquittal, an employee cannot claim appointment as a matter of right having furnished false information or having indulged in suppression of material f....
Character verification for public service must consider the nature of past allegations and acquittals, rejecting mechanical disqualification based solely on prior criminal cases.
The cancellation of a candidate's selection based solely on the registration of a criminal case, without evidence of complicity, is unjustified and reflects a lack of proper consideration of the fact....
An employee who suppresses material information or gives false information cannot claim a right to continue in service.
Probationary employees may be terminated for violating appointment terms, including misrepresenting criminal history, without requiring formal procedural safeguards.
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