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2025 Supreme(Gau) 2170

THE GAUHATI HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH, ITANAGAR PARMANENT BENCH
SOUMITRA SAIKIA, J.
Shri. Dejo Karga, Son of Shri. Jumde Karga - Appellant 
Vs.
The State of Arunachal Pradesh & Ors. - Respondent 
W.P(C) No. 25(AP) of 2025, W.P(C) No. 612(AP) of 2024
Decided On : 19-12-2025

Advocates:
Advocate Appeared:
For the Appellant :Mr. M. Kato, Advocate Advocate
For the Respondent:Mr. S. Tapin Sr. Govt. Advocate

Juveniles in conflict with law cannot face disqualification in future employment opportunities due to prior convictions as per Section 24 of the JJ Act, 2015.

Headnote:(A) Juvenile Justice (Care and Protection of Children) Act, 2015 - Section 24 - Termination of service - Writ petitions filed challenging the termination orders against minors who had previously been found in conflict with law. The court noted that any adverse record does not disqualify juveniles from future opportunities and ordered reinstatement, emphasizing the principle of fresh start as laid out in the Act. (Paras 10, 11, 17, 18)

(B) Judicial Review - The court asserts that procedural fairness necessitates a show-cause notice prior to termination, as the petitioners were not accused. The lack of disclosure was not suppression of facts under recruitment criteria. (Paras 5, 6, 15)

Table of Content
1. petitioners' recruitment process and termination (Para 2 , 3 , 4 , 5)
2. minor status and related legal protections (Para 6 , 7)
3. disclosure obligations in recruitment forms (Para 8 , 9)
4. juvenile justice act protections and implications (Para 10 , 11)
5. court's analysis on juvenile records and disqualifications (Para 12 , 13 , 14 , 15 , 16 , 17)
6. final decision to reinstate petitioners (Para 18 , 19 , 20)

JUDGMENT AND ORDER :

SOUMITRA SAIKIA, J.

Heard Mr. M. Kato, learned counsel for the petitioners. Also heard Mr. S.

Tapin, learned Senior Government Advocate for the State respondents.

2. The petitioner in WP(C) No.612(AP)/2024 namely Shri. Gumluk Karbak is a resident of village Dubi Karbak, Aalo in the district of West Siang in the State of Arunachal Pradesh and the petitioner in WP(C) No.25(AP)/2025 namely Shri. Dejo Karga is a resident of village Kamki, Aalo, West Siang District in the State of Arunachal Pradesh. By the recruitment notice No.APSSB-13/6/2023 dated 03.05.2023 issued by the Government of Arunachal Pradesh through Arunachal Pradesh Staff Selection Board invited applications for filling up of various posts indicated in the recruitment notice. The petitioners applied for selection and appointment to the post of Constable-AAPBn/Civil Police/IRBn. The petitioners underwent the recruitment process and after successfully completing the same, they were recruited to the post of Constable (Civil Police) in the Arunachal Pradesh Police Department. The police headquarters offered the appointment No. PHQ/PER-213/2024 dated 16.02.2024, whereby the petitioners were directed to report to the Police Training Centre, Banderdewa, on 05.03.2024 at 09:30 hours for joining basic training. Thereafter, the petitioners having accepted the offer of appointment, subsequently they joined and reported to the Police Training Centre and successfully completed their basic training. While the petitioners were undergoing their basic training, they were surprised to receive the impugned termination order No.PHQ/PER-128/2016(PART-I) dated 23.07.2024, issued by the respondent No. 3. In the said order, it was mentioned that a case was registered against the petitioners at Police Station Kamba vide KMB Police Station Case No. 27/13, under Sections 279 /338/304(a) IPC dated 06.12.2013 and their pending trail vide charge sheet No. 12/15 under Section 279 /338/304(a) dated 24.06.2015. No show cause notice was issued affording any opportunity of hearing to the petitioners. The petitioners were thereafter, released from the police training centre and was handed over to their father.

3. On 16.12.2023 the petitioner in WP(C) No.612(AP)/2024 and one late Polar Romine and petitioner in WP(C) No. 25(AP) of 2024, while they were travelling from the Lebok Resort in a motorcycle at around 14:00 hours near the dairy farm in Kamba, they met with an accident and they all fell down on the rough road and went unconscious. Later in the evening, when the petitioner in WP(C) No.612(AP)/2024 regained consciousness, he was informed that one of his friends, namely late Polar Romine succumbed to his injuries at the Community Health Centre, Kamba. Thereafter, the petitioner and his other friend, Shri. Dejo Karga {petitioner in WP(C) No.25(AP)/2024} were brought to the Police Station, Kamba and their statements were recorded. Thereafter, the petitioner in WP(C) No.612(AP)/2024 did not receive any summons either from the Police Station, Kamba, or from the competent Court of law.

4. It is the submission of the learned counsel for the petitioners that the progress of the criminal investigation and the filing of charge sheet, etc., were never informed to the petitioner in WP(C) No.612(AP)/2024 and he was completely unaware. It is submitted that both the petitioners were minors at the time when the incident occurred. It is submitted that subsequently, when they procured a copy of the charge sheet dated 24.06.2015, it is seen that the petitioner in WP(C) No.612(AP

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