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IN THE HIGH COURT OF ALLAHABAD
NEERAJ TIWARI
Saurabh Yadav – Appellant
Versus
State Of U.P. – Respondent
| Table of Content |
|---|
| 1. application for jail warder post and subsequent termination. (Para 2 , 3) |
| 2. petitioner's lack of knowledge regarding the fir. (Para 4 , 5) |
| 3. knowledge of criminal case impacts termination decision. (Para 8 , 15) |
| 4. legal standards regarding non-disclosure of fir by candidates. (Para 10 , 11 , 12) |
| 5. court's ruling to quash termination and restore position. (Para 16) |
JUDGMENT :
Neeraj Tiwari, J.
1. Heard Sri Ashish Mishra alongwith Sri Jitendra Kumar Singh, learned counsel for the petitioner and learned Standing Counsel for the State-respondents.
2. Present petition has been filed with the following prayers:-
"(i) Issue, a writ, order or direction, in the nature of certiorari, quashing the impugned termination order dated 14.10.2022 passed by the Respondent no.6, the Senior Superintendent, Central Jail, Naini, Prayagraj
(ii) Issue, a writ, order or direction, in the nature of mandamus directing the respondent authorities to reinstate the services of the petitioner on the post of Jail Warder/Bandi Rakshak, treating the petitioner continuous in service, with all consequential benefits and to pay the regular salary of the petitioner, month by month when it falls become due."
An employee cannot be penalized for failing to disclose a criminal proceeding of which they had no knowledge, as knowledge is essential to establish concealment in employment contexts.
Importance of truthfully disclosing criminal involvement and the applicability of guidelines from the Avtar Singh case in cases of false information.
Provision of false information in employment applications is grounds for termination, especially in roles requiring integrity, with no mitigating circumstances justifying the suppression.
The court established that termination based on non-disclosure of a past criminal case requires careful consideration of the nature of the allegations and the candidate's overall suitability.
Probationary employees may be terminated for violating appointment terms, including misrepresenting criminal history, without requiring formal procedural safeguards.
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.
Where conviction has been recorded in case which is not trivial in nature, employer may cancel candidature or terminate services of the employee.
The main legal point established in the judgment is that suppression of involvement in a criminal case where acquittal had already been recorded before filling of the application/verification form ma....
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