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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
N.UNNI KRISHNAN NAIR
Faninder Kumar Rai – Appellant
Versus
Union Of India Rep. By The Secy. To The Govt. Of India, Ministry Of Home Affairs, New Delhi – Respondent
| Table of Content |
|---|
| 1. factual context of appointment and termination of services. (Para 2 , 3) |
| 2. petitioner's defense based on juvenile status and inadvertent non-disclosure. (Para 4 , 5 , 6 , 7) |
| 3. respondent's contention regarding the materiality of suppression of criminal antecedents. (Para 8 , 9 , 10 , 11) |
| 4. verification of suppression of facts confirmed via official records. (Para 12 , 13 , 14 , 15) |
| 5. duty of disclosure is mandatory for employment in public service. (Para 16 , 17 , 18 , 19) |
| 6. suppression of facts regarding criminal cases precludes entitlement to relief. (Para 20 , 21) |
| 7. order of dismissal of petition due to established suppression of facts. (Para 22 , 23) |
JUDGMENT :
N. UNNI KRISHNAN NAIR, J.
Heard Mr. H. L. Maurya, learned counsel, appearing for the petitioner. Also heard Mr. B. Deka, learned CGC, appearing for the respondents.
2. The petitioner by way of instituting the present petition has assailed an order dated 19-11-2012, issued by the Deputy Inspector General of Police, Group Centre, CRPF Khatkhati, Assam, terminating the services of the petitioner invoking the provisions of Sub-Rule (1) of Rule 5 of the Central Civil Services (Temporary Service) Rules, 1965.
3
Termination – Even where there was a subsequent acquittal, an employee cannot claim appointment as a matter of right having furnished false information or having indulged in suppression of material f....
Probationary employees may be terminated for violating appointment terms, including misrepresenting criminal history, without requiring formal procedural safeguards.
Non-disclosure of a past minor criminal case does not automatically justify termination of employment; each case must be evaluated on its specific facts and circumstances.
Deliberate concealment of material facts in the verification roll justifies the termination of services under Rule 5(1) of the Central Civil Services (Temporary Service) Rules, 1965.
Suppression of material information in job applications, even with subsequent acquittal, justifies termination of employment under temporary service rules, emphasizing the gravity of offenses involve....
An employee who suppresses material information or gives false information cannot claim a right to continue in service.
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