THE GAUHATI HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
KARDAK ETE
Manash Pratim Hazarika S/o- Late Rajat Hazarika – Appellant
Versus
State Of Assam – Respondent
Judgment & Order :
KARDAK ETE, J.
Heard Mr. J. Kalita, learned counsel for the petitioner. And also heard Ms. M. Bhattacharjee, learned Addl. Senior Govt. Advocate, for State respondents.
2. Challenge made in this writ petition is to the order dated 09.02.2024, passed by the Superintendent of Police (Commn) Assam, by which the petitioner has been terminated from service as Constable (WO/WT) of the Assam Police Radio Organization (hereinafter referred to as APRO in short) with immediate effect and order dated 02.07.2024, passed by Inspector General of Police (Commn), Assam, Ulubari, Guwahati, whereby the appeal of the petitioner is rejected.
3. Brief fact of the case is that the petitioner was appointed as Constable (WO/WT) in the APRO, Assam, along with 339 others, on the recommendation of the State Level Recruitment Board vide order dated 24.05.2023. Petitioner joined his service on 01.06.2023 and completed his basic Drill and Discipline training and was posted at APRO, HQ, Ulubari and was on probation. The appointment order dated 24.05.2023 contains terms and conditions, inter alia, that the appointees who submitted notarised affidavit swearing that he/she is not involved in any crim
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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.
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(1) Termination – Employer has discretion to terminate or condone an omission in disclosure made by a candidate – Even if a truthful disclosure has been made, employer is well within its right to exa....
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