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B.VIJAYSEN REDDY
Mankala Shiva Kumar – Appellant
Versus
State of Telangana Rep by Principal Secretary, Home Department, Secretariat Buildings, Hyderabad – Respondent
ORDER :
In response to the recruitment notification Rc.No.88/ Rect.admin.1/2018 dated 31.05.2018, the petitioner applied for the post of SCT Police Constable (TSSP). The petitioner was provisionally selected on 24.09.2019. Thereafter, he submitted an attestation form to the department as required by them on 09.10.2019. The petitioner received a show cause notice dated 10.03.2020 from the respondent No.3 calling upon him to submit explanation alleging that there was suppression of information about his involvement in a criminal case vide Cr.No.319 of 2016 registered for the offences under Sections 448, 427, 504 read with Section 34 IPC. The petitioner submitted his explanation dated 02.07.2020 stating that the criminal case pending against him was disposed of 08.09.2018 and ended in acquittal; that failure to mention about the criminal case in the attestation form was a mistake due to lack of proper knowledge. It is contended that though the mistake was not intentional, the impugned memo dated 04.11.2020 was issued canceling the selection of the petitioner.
2. Mr. Kiran Palakurthi, learned counsel for the petitioner, submitted that all offences in Cr.No.319 of 2016 are baliable, trivi
Point of Law : What is the effect of suppression of involvement/acquittal in the criminal case by the petitioner. The offences as discussed supra are trivial and compoundable in nature. Even if invol....
Suppression of material information in employment forms can justify cancellation of candidature, and subsequent acquittal may not warrant consideration for selection/appointment, especially in cases ....
The employer's decision to cancel the petitioner's selection was not reasonable or objective and that it violated the principles of natural justice.
Suppression of material information in the attestation form justifies termination under the Central Industrial Security Force Rules, 2001, and amounts to moral turpitude.
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....
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