Back
IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
VIJAY KUMAR SHUKLA
Upendra Singh Chouhan – Appellant
Versus
State Of Madhya Pradesh – Respondent
| Table of Content |
|---|
| 1. chronology of events related to petitioner's criminal background. (Para 2) |
| 2. arguments on termination and legal precedent. (Para 3 , 4) |
| 3. analysis of misrepresentation in application forms. (Para 5 , 6 , 10 , 14) |
| 4. judicial examination of fitness based on suppression. (Para 11 , 12 , 13) |
| 5. establishing standards for police appointment. (Para 15 , 16 , 17 , 18) |
| 6. final decision on petitioner's termination. (Para 19) |
ORDER :
VIJAY KUMAR SHUKLA, J.
The present petition is filed under Article 226 of the Constitution of India challenging the order of termination dated 9/6/2025 Annexure P-9, appellate order, Annexure P-11 dated 23/8/2016, order dated 16/3/2017, Annexure P-14 and also order dated 19/4/2024, Annexure P-17 and seeking a direction to the respondents to give arrears of the salary from the date of termination of the services of the petitioner alongwith 12% interest.
2. Facts of the case in a nutshell are that the petitioner was appointed on 04.07.2012 on the post of Constable (Driver) under Respondent No. 2 and given the rank of constable No. 536 by the department. The petitioner's wife was living with her mother and father due to family dispute between petitio
Termination of employment in police service upheld due to suppression of prior criminal records, highlighting that acquittal does not guarantee moral fitness for duty.
Probationary employees may be terminated for violating appointment terms, including misrepresenting criminal history, without requiring formal procedural safeguards.
Suppression of trivial motor accident case pending at attestation does not justify termination for GDS post post-acquittal; employer discretion requires considering suitability.
Trivial offenses post-acquittal do not automatically render a candidate unfit for employment, allowing discretion in public employment decisions.
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....
Termination of services for suppression of information must consider acquittal status and requires a departmental inquiry for confirmed employees.
The judgment establishes that employers must consider the nature of criminal charges and acquittals in employment termination cases, particularly emphasizing the discretion to overlook trivial offenc....
Character verification for public service must consider the nature of past allegations and acquittals, rejecting mechanical disqualification based solely on prior criminal cases.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
