SUREPALLI NANDA
Vembati Ranjith Kumar – Appellant
Versus
State of Telangana – Respondent
ORDER :
Heard the Learned counsel for the petitioner and the learned Government Pleader for Home.
2. This Writ Petition is filed praying to issue a Writ of Mandamus declaring the action of the respondents 2 to 5 in terminating the petitioner’s service as bad, arbitrary, illegal and against the principles of natural justice by setting aside the Order C No.2848/A1/2016-18, C.O.No.2075 of 2018 dated 27.10.2018 of the 5th Respondent and consequential order C No.E1/175/2018-RO No. 744/2018 dated 29.10.2018 of the 2nd respondent and direct the respondents to reinstate the petitioner forthwith with all consequential service benefits by treating the interregnum period as on duty for all purposes including salary.
3. The case of the Petitioner, in brief, is as follows:
a) Petitioner’s father died while working as Constable in Warangal Rural and the petitioner has been appointed as Junior Assistant on Compassionate Grounds in Warangal District Police Office against roaster point (73-OC) vide order dated 03.10.2016, SP, Warangal and the petitioner was subsequently working in the office of DIG Range Office, Warangal.
b) The Petitioner had been terminated from services by the orders of the Commissio
Deputy General Manager (Appellate Authority) Vs. Ajai Kumar Srivastav
Himachal Pradesh State Electricity Board Limited Vs. Mahesh Dahiya (2017(1) SCC 768)
An employee who suppresses material information or gives false information cannot claim a right to continue in service.
Where conviction has been recorded in case which is not trivial in nature, employer may cancel candidature or terminate services of the employee.
Suppression of material information in the attestation form justifies termination under the Central Industrial Security Force Rules, 2001, and amounts to moral turpitude.
Probationary employees may be terminated for violating appointment terms, including misrepresenting criminal history, without requiring formal procedural safeguards.
The judgment established the importance of considering the impact of suppression of information on the suitability for a job, the need for adherence to natural justice principles in dismissal cases, ....
Trivial suppression of petty criminal conviction (Rs.100 fine) in attestation form by compassionate probationer does not justify automatic termination; employer must assess suitability impact proport....
Termination for suppression of petty criminal case (acquitted) quashed due to no show cause notice, undue delay post-verification, failure to assess post nature/duties per Supreme Court guidelines, a....
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