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IN THE HIGH COURT OF KERALA AT ERNAKULAM
HARISANKAR V.MENON
Sharath Kooli – Appellant
Versus
Director General/Central Reserve Police Force – Respondent
| Table of Content |
|---|
| 1. factual background regarding the petitioner's termination of employment and the status of his criminal antecedents. (Para 5 , 5) |
| 2. legal standard for evaluating suppression of criminal antecedents in public employment as per established precedent. (Para 6 , 7) |
| 3. requirement for competent authorities to impartially reconsider termination orders with due process. (Para 8 , 9) |
JUDGMENT :
Harisankar V. Menon, J.
The petitioner – a youngster – sought for enrolment to the Central Reserve Police Force (CRPF) in the year 2017. He was enrolled in the CRPF on 28.12.2017, after completion of the basic training. He was later posted to 228 Battalion CRPF in Sukma District of Chhattisgarh, with effect from 20.05.2019. While he was serving so, the petitioner came to be served with a notice at Ext.P1 dated 07.12.2019, proposing to terminate him from the services. It may straightaway be noticed that, in the afore, no reasons have been recorded for proposing to terminate the services of the petitioner. Later, by Ext.P3 dated 06.01.2020, the petitioner has been terminated from the service of CRPF with effect from 07.01.2020. The petitioner preferred an appeal at Ext.P4 against the afo
Termination from service for alleged suppression of criminal antecedents requires the employer to objectively consider special circumstances, nature of the case, and acquittal status, rather than act....
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....
Willful suppression of material information concerning criminal antecedents during recruitment for public employment, particularly in a disciplined force, constitutes a valid ground for termination, ....
Termination of services for suppression of information must consider acquittal status and requires a departmental inquiry for confirmed employees.
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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