Termination of employment in police service upheld due to suppression of prior criminal records, highlighting that acquittal does not guarantee moral fitness for duty.

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 wife also stated in complaint that the petitioner has obtained Post of the constable suppressing facts at the time of appointment of the petitioner and that the petitioner had made second marriage with the Pinky Chouhan and by wedlock there are two sons Krishna and Kush. The Respondent No. 2 forwarded above complaint to the Additional SP Distt. Dewas.on 21.01.2014 and directed that enquiry be conducted with respective complaint filed by the wife of Upendra Singh. After the enquiry the respondent No.2/SP Dewas sent letter dated 21.02.2014 to the respondent No. 3 alongwith enquiry report and complaint of Pratibha Chouhan mentioning that complainant Pratibha Chouhan was married with petitioner on 09.05.2006 and by report dated 24.01.2009 a Crime No.13/09 Undersection 498(A), 323, 506 IPC was registered against the petitioner and which is pending before IMFC Indore as Case No. 3506 and it is found that Crime No.309/08 Section 324 , 294, 506, 279 and 34 IPC was registered on 24.04.2008. This case has been disposed of on 31.03.2011 before JMFC Dhar and this case was disposed of before appointment of petitioner. The above information has been suppressed at the time of verification of character form. The enquiry has been conducted against the petitioner by the City Superintendent of Police and in the enquiry report it is mentioned that the charges levelled against the petitioner has been proved. The copy of the enquiry report has been given to the petitioner for representing the defense against the enquiry report. Petitioner challenged the termination order dated 09.06.2015 before the High court Bench at Indore in WP. No.530/2015 and by order dated 13.08.2015, he was directed to file an appeal against the order of dismissal. The petitioner filed an appeal before respondent No.3 and by order dated 23.08.2016 appeal was dismissed. The petitioner filed mercy petition dated 01.03.2016 which was also rejected by orderdated 16.03.2017. Due to compromise between the petitioner and the complainant, the petitioner was acquitted under section 498(A) by order dated 28.06.2022 by the Judicial Magistrate First Class District Indore. After acquittal of the petitioner in above case, he sent a representation dated 06.02.2024 to the Respondent No.4 for consideration of reinstatement in service. By order dated 19.04.2024 the Additional Director Gene