SANGEETA CHANDRA
Raj Kumar – Appellant
Versus
Union of India – Respondent
JUDGMENT :
1. This writ petition has been filed by two writ petitioners challenging orders of discharge dated 1 March 2017and 18 February 2017 respectively and for issuance of a mandamus commanding the respondents to reinstate the petitioners into service with all consequential benefits.
2. It is the case of the petitioners that in pursuance of Advertisement number 1/2011 issued by the Respondent No.3 for recruitment on the post of Constable (GD) in Railway Protection Special Force (RPSF) the petitioners applied and were selected. Before their training and appointment the petitioners had to submit their attestation forms where in column 12 they had to disclose their character and antecedents and as to whether any criminal case was pending against them or whether they had ever been tried. To this the petitioners answered in the negative as at that point of time no criminal case was pending against them. During the course of training, police verification reports of the petitioners were sought from the District Magistrates of their respective districts. In the police verification reports it came out that FIR was lodged against them individually but they were acquitted. However, since th
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The main legal point established in the judgment is that while the suppression of material facts regarding criminal cases rendered the petitioners unfit for appointment, the provisions of the Juvenil....
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....
Non-disclosure of juvenile criminal cases by candidates does not constitute concealment, and such grounds cannot invalidate employment.
The main legal point established in the judgment is the protection of juveniles under the Juvenile Justice Act, emphasizing that a juvenile in conflict with law should not suffer any disqualification....
The main legal point established in the judgment is the significance of full disclosure of criminal cases in the Attestation Form and the employer's discretion in considering antecedents for employme....
Employers must consider the factum of acquittal and special circumstances of the case when making employment decisions based on criminal antecedents.
Acquittal, regardless of being with benefit of doubt, does not disqualify candidates from employment; youthful indiscretions should not hinder future opportunities.
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