A Child in Conflict with Law is not disqualified from public service due to prior juvenile offenses, especially when such offenses are non-heinous and have been resolved, emphasizing principles of natural justice and fairness.

JUDGMENT :

Bibhu Datta Guru, J.

1. The appellant/ writ petitioner has filed this writ appeal assailing the order dated 07.01.2025 passed by the learned Single Judge of this Court in WPS No.2823 of 2024, by which, the learned Single Judge has dismissed the petition filed by the writ petitioner.

2. The brief facts of the case is that the appellant/ writ petitioner was appointed on the post of Food Inspector (post reserved for Ex. Serviceman (General)) vide order dated 30.08.2018. Upon receipt of the order of appointment, he joined service. After receiving the police verification report, taking note of the provisions under Rule 6 of the Chhattisgarh Civil Services (General Conditions of Service) Rules, 1961 (hereinafter for brevity referred to as the Rules, 1961) and Chhattisgarh Civil Services (Classification, Control and Appeal) Rules, 1966 (hereinafter for brevity referred to as the Rules, 1966) he was terminated from service vide order dated 15.03.2024. Against which the appellant/ writ petitioner filled writ petition before the learned Single Judge. After hearing the parties the learned single bench vide order dated 07.01.2025 dismissed the writ petition.

3. In the order under challenge, the learned Single Judge has observed as under:-

“25. There is no ambiguity in the information as sought, but it has also been made clear in Para 12 and clauses mentioned therein. It appears that the petitioner who was an Ex-serviceman has purposefully and with ill-intention had not disclosed the correct facts. According to the service rules applicable to the facts of the case, if the correct information of the involvement of the petitioner in criminal case and his acquittal or conviction would had disclosed, the appointing authority could have applied his mind based on the rules, circulars whether the offence/crime registered attracts moral turpitude or not and suitability of the petitioner for his appointment. At this stage, Court is not to consider the gravity of the offence registered against petitioner, but the act of deliberate attempt of not disclosing the correct fact in the verification Form. Hence, in the aforementioned facts of the case, even if, the petitioner has worked for a considerable period of about more than 05 years, equity does not lie in his favour.

26. For the foregoing discussions and considering the decisions of the Hon’ble Supreme Court and the guidelines issued, I do not find any error in decision making process of the respondent in terminating the services of the petitioner. Accordingly, the writ petition being sans merit, it is liable to be and is accordingly, dismissed.

4. Learned counsel for the appellant submits that the action of the respondents in terminating the appellant from service is per se arbitrary and does not pass the test of Article 14 of the Constitution of India. He contended that prior to the issuance of the termination order dated 15.03.2024, no opportunity of hearing whatsoever was granted. Hence, the order of termination dated 15.03.2024 suffers from violation of principles of natural justice, the order of termination was issued after about 06 years of appointment. The order impugned, terminating the service of the petitioner was passed based on the police verification report, which is communication dated 02.05.2022 of the Inspector General of Police, Raipur wherein, it is reported that the character of the petitioner was found to be unfit and non-suitable for government service. Petitioner prior to submitting ‘Form’ and joining the State services was in Indian Navy and had an unblemished service record. He joined the State services after h