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SANJAYA KUMAR MISHRA, SANJAY KUMAR DWIVEDI
Purshotam Gope @ Purusoutam Gope, son of Sri Sukra Mahto – Appellant
Versus
Union of India, through Ministry of Home Affairs – Respondent
ORDER :
(Sanjaya Kumar Mishra, J.)
By preferring this Letters Patent Appeal, the appellant- Purshotam Gope @ Purusoutam Gope, the appellant herein has assailed the order passed by the learned Single Judge passed in W.P.(S) No.6600 of 2014 on 18.04.2022 whereby the writ application for quashing of the order passed by the respondent terminating his services be quashed.
2. The facts of the case are not in dispute in this case. The appellant after adoption of the procedure of selection was appointed on 20.08.2013 on the rank of RT/GD, Constable, Ranchi in the C.R.P.F, however, the Commandant of the Force terminated his service on 11.9.2014.
3. Before the issuance of advertisement and submission of the application by the writ petitioner on 27.3.2009 an F.I.R was lodged against the appellant/writ-petitioner for alleged commission of offences under section 420, 467, 468, 471/34 and section 290 of the I.P.C., 1860, read with section 47(a) of the Excise Act. The charges were framed on 18.08.2010 by the criminal court in seisin of the matter for the aforesaid offences. It is also not disputed that the appellant/writ-petitioner was acquitted later on, on 28.02.2015. But by that he submitted his a
An employee who suppresses material information or gives false information cannot claim a right to continue in service.
Suppression of material information in the attestation form justifies termination under the Central Industrial Security Force Rules, 2001, and amounts to moral turpitude.
Suppression of trivial motor accident case pending at attestation does not justify termination for GDS post post-acquittal; employer discretion requires considering suitability.
Probationary employees may be terminated for violating appointment terms, including misrepresenting criminal history, without requiring formal procedural safeguards.
Where conviction has been recorded in case which is not trivial in nature, employer may cancel candidature or terminate services of the employee.
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