Back
SANDEEP KUMAR
Dhannajay Kumar – Appellant
Versus
Union of India – Respondent
Sandeep Kumar, J. – Heard learned counsel for the petitioner and Mr. Arvind Kumar, learned CGC for the Union of India.
2. The present writ petition has been filed challenging the order dated 17.01.2025 passed by the Commandant 46 Bn, SSB, Mal Bazar, Jalpaigudi by which the petitioner has been terminated from the service from the post of Constable (GD). Subsequently, the petitioner has also challenged the aforesaid order of termination which was rejected vide order dated 28.03.2025 passed by the Deputy Inspector General, SHQ, SSB, Jalpaigudi, West Bengal.
3. Pursuant to Advertisement published in the year 2021, the petitioner was appointed to the post of Constable (GD), after appearing through the recruitment examination process, result of which was published on 08.11.2022. ON 17.11.2022, the appointment letter was issued. A character certificate dated 25.11.2022 was issued by the Superintendent of Police, Nalanda stating therein that the name and address of the petitioner was correct and no adverse entry was found against him in Rahui Police Station. Vide order dated 13.02.2023, issued by the Commandant SSB, ATC, SSB Sitamarhi, the petitioner was appointed to the post of GD Constable
Probationary employees may be terminated for violating appointment terms, including misrepresenting criminal history, without requiring formal procedural safeguards.
An employee who suppresses material information or gives false information cannot claim a right to continue in service.
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.
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....
Pending criminal charges do not automatically disqualify an individual from government service; fair hearing and natural justice must be observed before termination.
Suppression of criminal case information does not automatically disqualify compassionate appointment; objective evaluation required.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
