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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
| Table of Content |
|---|
| 1. background of termination due to alleged misconduct. (Para 2 , 3 , 4 , 5) |
| 2. termination notices and appeal process outlined. (Para 6 , 7) |
| 3. arguments contesting termination based on family feud context. (Para 8 , 9 , 10) |
| 4. respondent's stance on terms of appointment violation. (Para 11 , 12 , 14 , 15) |
| 5. court’s analysis on petitioner's right to an explanation. (Para 16 , 17 , 18) |
| 6. validation of authority's actions concerning verification. (Para 19 , 20 , 21 , 22) |
| 7. final court reasoning regarding dismissal context. (Para 23 , 24 , 32 , 33) |
| 8. established legal precedents referenced. (Para 26 , 27 , 29) |
| 9. summation of legal principles on character verification. (Para 30 , 31) |
| 10. final conclusion denying the petitioner's claims. (Para 34 , 35) |
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
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.
Suppression of trivial motor accident case pending at attestation does not justify termination for GDS post post-acquittal; employer discretion requires considering suitability.
The concealment of a pending criminal case during the employment application process can justify termination of services, as integrity and character are critical for positions within the judicial sys....
Suppressing minor criminal information does not automatically disqualify candidates for government service; context and fairness must guide the decision-making process.
Termination of employment in police service upheld due to suppression of prior criminal records, highlighting that acquittal does not guarantee moral fitness for duty.
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