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DELHI HIGH COURT
MANMOHAN, ASHA MENON
Prem Chandra Thakur – Appellant
Versus
Central Industrial Security Force – Respondent
| Table of Content |
|---|
| 1. challenge to termination based on prior criminal case. (Para 2 , 3 , 4 , 5) |
| 2. arguments regarding suppression of facts. (Para 6 , 7 , 8) |
| 3. guidelines on suppression of information from avtar singh case. (Para 9 , 11) |
| 4. acquittal prior to application affects termination. (Para 10) |
| 5. order quashing termination and reinstatement. (Para 12 , 13 , 14 , 15) |
JUDGMENT
1. The petition has been heard by way of video conferencing.
2. Present writ petition has been filed challenging the termination order dated 08th February 2019 and the order in appeal dated 09th July 2019 passed by the respondent nos.1 and 3 respectively. Petitioner also seeks directions to the respondent nos.1 and 3 to reinstate the petitioner in service to the post of Constable in CISF with all the consequential benefits.
3. Learned Counsel for the Petitioner states that the Petitioner was selected for appointment to the post of constable in CISF on 6th August 2015 and upon successfully completing the basic training, he was given posting at URI - 1, J&K as a Constable on permanent basis on 15th February, 2016.
4. He further states that on the basis of the report submitted by the learned District Ma
Termination of services for suppression of information must consider acquittal status and requires a departmental inquiry for confirmed employees.
The main legal point established in the judgment is that suppression of involvement in a criminal case where acquittal had already been recorded before filling of the application/verification form ma....
Termination of employment in police service upheld due to suppression of prior criminal records, highlighting that acquittal does not guarantee moral fitness for duty.
Suppression of material information in the attestation form justifies termination under the Central Industrial Security Force Rules, 2001, and amounts to moral turpitude.
Importance of truthfully disclosing criminal involvement and the applicability of guidelines from the Avtar Singh case in cases of false information.
The judgment establishes that employers must consider the nature of criminal charges and acquittals in employment termination cases, particularly emphasizing the discretion to overlook trivial offenc....
Provision of false information in employment applications is grounds for termination, especially in roles requiring integrity, with no mitigating circumstances justifying the suppression.
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