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BISWANATH RATH
Giridhari Bag – Appellant
Versus
Commandant, Orissa State Armed Police (OSAP), Koraput – Respondent
JUDGMENT
Biswanath Rath, J. - Originally the Application was filed in the Orissa Administrative Tribunal. On abolition of the Tribunal, the matter was transferred to this Court for its disposal at this end.
2. The Applicant (Petitioner) through the Original Application (presently Writ Petition) involves the following prayer :-
'I. The orders passed under Annexure-2 and under Annexure-4 by the Respondent Nos.1 and 4 be quashed.
II. The Respondents be directed to reinstate in service retrospectively w.e.f. the date of his removal i.e. 21.05.02 with all consequential service and pecuniary benefits.
III. And pass any other order/orders as deem fit and proper in the facts and circumstances of the case.'
3. Background involving the case is the Petitioner is a Scheduled Caste person. After passing Matriculation/Board of Secondary Education Certificate Course in the year 1998, being unable to undertake further education, the Petitioner sought for an employment. Coming to know of an advertisement for the post of regular recruitment of Sepoy by the Selection Board at OSAP 3rd Battalion, Koraput, the Petitioner applied for the said post. Based on recruitment process and interview, he was found to b
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....
Service matter - Criminal Cases pending - Order of removal - Quash of - While passing order of termination for giving false information, the employer may take note of special circumstances of case if....
Probationary employees may be terminated for violating appointment terms, including misrepresenting criminal history, without requiring formal procedural safeguards.
Suppressing minor criminal information does not automatically disqualify candidates for government service; context and fairness must guide the decision-making process.
Suppression of material information in the attestation form justifies termination under the Central Industrial Security Force Rules, 2001, and amounts to moral turpitude.
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