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IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
VIJAY KUMAR SHUKLA
Upendra Singh Chouhan – Appellant
Versus
State Of Madhya Pradesh – Respondent
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 petitioner and her. The petitioner's wife registered a case bearing crime No.13/2009 dated 14.01.2009 under Section 498(A), 323, 506 IPC case before Mahila Police station Indore and other case under crime No. 309/2008 under Sections 324 , 294, 506, 279, and 34 IPC. In this matter the petitioner was co-accused and case was registered at the Police Station Dhar. In this matter the Petitioner was acquitted prior to appointment. Petitioner's wi
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.
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.
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