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SANJAY DHAR
Bijay Oraon – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
1. The petitioner has challenged notice No.D-V-1/2013-EC-II-73 dated 06.08.2013, whereby respondent No.4, while exercising powers under sub-rule (1) of Rule 5 of the Central Civil Services (Temporary Service) Rules, 1965 (hereinafter referred to as the Rules of 1965), terminated services of the petitioner with effect from the date of expiry of period of one month from the service of the said notice.
2. Briefly stated, the case of the petitioner is that on 25.08.2011, he was appointed as a Constable in Central Reserve Police Force and was posted in the Unit of Commandant 73rd Bn. CRPF at Bemina Srinagar. It is averred that the petitioner proceeded for earned leave of 30 days with effect from 31.12.2012 to 29.01.2013 for visiting his native place in the State of Jharkhand. While the petitioner was on leave, he was arrested in a criminal case bearing No.34/2011 for offences under Sections 147, 148, 149, 341, 342, 323, 452, 307, 504, 302/34 of IPC registered with Police Station, Karra. Vide order dated 26th April, 2013, the petitioner was placed under suspension with effect from the date of his detention and the same was extended for a further period of 90 days with effect fro
Willful suppression of material information concerning criminal antecedents during recruitment for public employment, particularly in a disciplined force, constitutes a valid ground for termination, ....
The importance of adhering to the principles of natural justice and giving an opportunity to explain non-disclosure before termination.
Termination for suppression of petty criminal case (acquitted) quashed due to no show cause notice, undue delay post-verification, failure to assess post nature/duties per Supreme Court guidelines, a....
Probationary employees may be terminated for violating appointment terms, including misrepresenting criminal history, without requiring formal procedural safeguards.
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....
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.
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....
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