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ANUBHA RAWAT CHOUDHARY
Paramjit Singh (Force No. 081320042, Ex Constable/Bugler) S/o Sh. Ram Ishwar Das – Appellant
Versus
Union of India – Respondent
JUDGMENT :
Heard the learned counsel for the parties.
2. This writ petition has been filed for the following reliefs:
AND
For direction to reinstate the petitioner with all consequential benefit and his absence from the service may be treated as a continued one without any break.”
Argument on behalf of the Petitioner
3. Learned counsel for the petitioner submits that the sequence of events is as under:
| DATE | SUMMARY OF EVENT |
| 24.09.2005 | A criminal case was instituted against the petitioner on 24.09.2005 under Section 323/325/506/34/279 IPC. |
| 16.01.2006 | The petitioner was acquitted |
Non-disclosure of material information or submission of false information by a probationer can be grounds for discontinuing services without holding an enquiry. The employer has the right to terminat....
: Petitioner has been terminated on the ground of his being surplus in the Force which is not in consonance with principles of law.
The special law prevails over the general law, and the challenge to a notice and order of termination is not affected by the doctrine of merger.
Deliberate concealment of material facts in the verification roll justifies the termination of services under Rule 5(1) of the Central Civil Services (Temporary Service) Rules, 1965.
The main legal point established is that the termination of a temporary employee under Rule 5(1) of Central Civil Service (Temporary Service) Rules, 1965 is justified and does not violate principles ....
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....
Point of Law : If misconduct was motive, order of termination cannot be treated as punitive but if same is foundation of termination, it is punitive.
Employment applicants must disclose criminal antecedents, and failure to do so can result in termination under applicable rules.
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