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G. S. SANDHAWALIA, JAGMOHAN BANSAL
Union Of India – Appellant
Versus
Ajit Singh – Respondent
JUDGMENT
Jagmohan Bansal, J. - Through instant appeal under clause X of Letters Patent of this Court, the Appellant-Union of India is seeking reconsideration of judgment dated 13.09.2019 passed by learned Single Judge of this Court in CWP No.7688 of 2016 whereby learned Single Judge had set aside termination order dated 24.02.2012 (Annexure P-2) and 10.04.2019 (Annexure P-4) and directed appellants to reinstate the respondent-writ petitioner in service with consequential benefits.
2. The brief facts emerging from record and which are necessary for the adjudication of present appeal are that the respondent was enlisted in Central Reserve Police Force (CRPF) as a Constable/Bugler in the year 2010 and he was deputed for training at Recruit Training Centre of CRPF at Neemuch. The respondent was allocated to Group Centre, CRPF, Jalandhar (Punjab) under 127 Battalion CRPF. The respondent in verification roll (CRPF 25) dated 04.05.2011 stated that he has never been arrested, prosecuted, kept under detention by the Court of law for any offence. It is apt to mention here that in CRPF 25 there is a specific column i.e. serial No.12 wherein a candidate is required to disclose about his criminal
The main legal point established in the judgment is the significance of disclosure of criminal antecedents in the verification roll and the consequences of withholding relevant information, as per th....
Willful suppression of material information concerning criminal antecedents during recruitment for public employment, particularly in a disciplined force, constitutes a valid ground for termination, ....
An employee who suppresses material information or gives false information cannot claim a right to continue in service.
Probationary employees may be terminated for violating appointment terms, including misrepresenting criminal history, without requiring formal procedural safeguards.
Suppression of material information in the attestation form justifies termination under the Central Industrial Security Force Rules, 2001, and amounts to moral turpitude.
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.
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