SANJEEV KUMAR
Masood Ahmad Lone – Appellant
Versus
Union of India – Respondent
JUDGMENT :
Sanjeev Kumar, J.
1. The petitioner in this petition prays for the following reliefs:-
ii. By issuance of writ, order or direction one in the nature of certiorari, that the order bearing No. 15919-23, dated 22 June 2018 be quashed.
iii. By issuance of writ, order or direction one in the nature of Mandamus, commanding the respondents to release the salary and other emoluments of the petitioner with all consequential service benefits."
FACTUAL MATRIX
2. The petitioner was appointed to the post of Constable (GD) in Sashastra Seema Bal (SSB) on 01.10.2010 and was posted to 13th Bn Piprakothi (Bihar). The petitioner underwent recruit basic training w.e.f. 01.10.2010 to 14.07.2011 at 44 Bn/TC Gorakhpur (U.P.). The appointment of the petitioner was subject to fulfillment of certain terms and conditions as prescribed in the offer of appointment. Such terms of appointment, inter alia, included a condition that verification of character and antecedents would be carried out immediately on joining the 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.
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....
Suppression of material information in employment forms can justify cancellation of candidature, and subsequent acquittal may not warrant consideration for selection/appointment, especially in cases ....
Probationary employees may be terminated for violating appointment terms, including misrepresenting criminal history, without requiring formal procedural safeguards.
Employers must consider the factum of acquittal and special circumstances of the case when making employment decisions based on criminal antecedents.
Suppression of trivial motor accident case pending at attestation does not justify termination for GDS post post-acquittal; employer discretion requires considering suitability.
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