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ARUN BHANSALI, ASHUTOSH KUMAR
Union of India – Appellant
Versus
Jai Singh Meena S/o Shri Durga Prasad Meena – Respondent
JUDGMENT :
Arun Bhansali, J.
1. This appeal is directed against the order dated 22.07.2019 passed in SBCWP No.15565/2012 passed by learned Single Judge, wherein, the writ petition filed by the respondent/petitioner has been allowed and the petitioner has been ordered to be reinstated in service. However, it has been ordered that he shall not be entitled for actual salary during interregnum period and the same shall be fixed notionally.
2. The petitioner was offered appointment on the post of Constable/Driver in CISF on 25.02.2011; on 05.03.2011, he submitted his attestation form and on 27.03.2011, the petitioner was appointed as Constable/Driver on temporary basis.
3. The attestation form submitted by the petitioner, at the time of appointment, was sent to District Magistrate, Jhunjhunu for character and antecedents verification.
4. The verification report was submitted by the District Magistrate in which it was indicated that as per the records of Khetri Police Station, a police case No.162/2003 was registered against the petitioner under Section 498A, 406 IPC and Section 4 of Dowry Prohibition Act and charge-sheet was submitted to the Court of ACJM, Khetri on 02.10.2003. Later on, the
The main legal point established in the judgment is that failure to disclose criminal antecedents may not justify termination of employment, especially if the charges are trivial and do not affect th....
An employee who suppresses material information or gives false information cannot claim a right to continue in service.
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.
Probationary employees may be terminated for violating appointment terms, including misrepresenting criminal history, without requiring formal procedural safeguards.
Suppression of trivial motor accident case pending at attestation does not justify termination for GDS post post-acquittal; employer discretion requires considering suitability.
Point of Law : What is the effect of suppression of involvement/acquittal in the criminal case by the petitioner. The offences as discussed supra are trivial and compoundable in nature. Even if invol....
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