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AKIL KURESHI, REKHA BORANA
Union of India – Appellant
Versus
Ex-Const/dvr Mukesh Kumar Raigar – Respondent
JUDGMENT
This appeal is filed by the Union of India to challenge the judgment of learned Single Judge dated 17.02.2021 passed in Civil Writ Petition No.17475/2018. This litigation has checkered history. Briefly stated the facts are as under:-
The respondent-original petitioner was serving as a Constable-cum-Driver with CISF. Before his selection and appointment in CISF, a criminal complaint involving offences punishable under Sections 323, 324 and 341 of IPC was lodged against him on 07.11.2003. After his selection and before appointment, he had to fill up an attestation form making necessary declarations regarding his involvement in any criminal offence. He filled up such attestation form on 28.10.2007 on which date admittedly the said criminal case was pending. He however did not declare such pending criminal proceedings against him. On 21.11.2007 he was acquitted of the charges on a compromise entered into between the parties.
When the employer came to know about the pendency of criminal proceedings on the date of appointment and non- disclosure by the employee of such pendency, a charge-sheet was issued on 18.04.2009 for major penalty. The petitioner admitted that he had not made
Non-disclosure of a pending criminal case in employment applications must be evaluated against the nature of the charges and the context of acquittal, impacting the candidate's suitability for servic....
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.
Non-disclosure of minor criminal involvement does not automatically disqualify a candidate; suitability must be assessed holistically by the appointing authority.
An employee who suppresses material information or gives false information cannot claim a right to continue in service.
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....
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....
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