Advocates appeared:
For the Petitioner(s): Ms. Jyoti Dutta Sharma, Adv. Ms. Jaikriti S. Jadeja, AOR Mr. Himanshu Gautam, Adv. Mr. M.M. Singh, Adv. Mr. Jitendra Kumar, Adv. Mr. Rameshwar Prasad Goyal, AOR
For the Respondent(s): Mr. Arvind Kumar Sharma, AOR Mr. B. V. Balaram Das, AOR (NP)

The legal document indicates that in the context of employment and termination, the presence or absence of stigma associated with criminal cases or conduct is a significant factor. Specifically, the credibility and trustworthiness of an employee are paramount, especially in disciplined services such as the police or paramilitary forces. Suppression or false declaration of relevant facts, particularly those bearing on character and antecedents, can be viewed as a tendency to shake the confidence of the employer (!) (!) (!) .

Furthermore, the order emphasizes that the decision to terminate employment based on suppression or false information should be exercised with objectivity and fairness, considering the nature of the offence and the circumstances of the case. The focus is on whether the employee’s conduct demonstrates a lack of integrity or trustworthiness, which are essential qualities for service in disciplined forces (!) (!) .

The concept of "moral turpitude" or conduct involving moral depravity is also discussed, with the understanding that even if an individual is acquitted or the case is of a trivial or family dispute nature, the suppression of material facts about criminal proceedings can be grounds for termination. The key consideration is whether the employee’s conduct reflects on their overall character and credibility, and whether the suppression was deliberate or bona fide (!) (!) (!) .

In summary, the legal principles highlight that any suppression of material information related to criminal proceedings, especially involving serious offences or moral turpitude, can lead to a loss of trust and confidence, thereby justifying termination. The issue of stigma, in this context, is intertwined with the employee’s integrity and the employer’s need to maintain discipline and public confidence in the service.