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PURNENDU SINGH
Sonu Kumar – Appellant
Versus
State of Bihar – Respondent
Purnendu Singh, J.—Heard Mr. Kumar Kaushik, learned counsel appearing on behalf of the petitioner; Mr. Anil Kumar, learned SC-8 for the State and Mr. Sanjay Pandey, learned counsel along with Mr. Nishant Kumar Jha, learned counsel for the Bihar Police Subordinate Service Commission.
2. The petitioner in paragraph no. 1 of the present writ petition has sought, inter alia, following relief(s), which is reproduced hereinafter:—
“i. For issuance of an order, direction or a writ of certiorari for quashing and setting aside the order contained in Memo No. 1742 dated 20.06.2022 and the consequential order contained in Memo No. 1620 dated 27.06.2020 whereby and whereunder the petitioner who was appointed Sub- Inspector of Police has been dismissed from service allegedly on the ground that he had suppressed the pendency of criminal case against him in his application form against advertisement number 01/2017.
ii. For issuance of an order, direction or a writ of certiorari for quashing and setting aside the order dated 14.02.2023 whereby and whereunder the competent authority has been pleased to dismiss the appeal of the petitioner against the order of dismissal from service.
iii. For issuance o
The court emphasizes that minor omissions in self-disclosure during recruitment can be reconsidered if disclosed later, balancing integrity with the potential for rehabilitation.
Non-disclosure of a past minor criminal case does not automatically justify termination of employment; each case must be evaluated on its specific facts and circumstances.
Non-disclosure of a pending criminal case in employment applications must be evaluated against the nature of the charges and the context of acquittal, impacting the candidate's suitability for servic....
The concealment of a pending criminal case during the employment application process can justify termination of services, as integrity and character are critical for positions within the judicial sys....
The suppression of material facts during application must be judged contextually; non-disclosure alone does not automatically disqualify a candidate, especially if they later disclose relevant inform....
The employer's decision to cancel the petitioner's selection was not reasonable or objective and that it violated the principles of natural justice.
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