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Avtar Singh v. Union of India and Ors.

Civil Appeal · 2017 INSC 1116Decided 15 Nov 2017
Civil Appeal No. 18798 of 2017
Justice Kurian Joseph · Justice R. Banumathi

Background

This order sends the case back; it does not decide the dispute. The appellant was terminated from CRPF service for not disclosing a pending criminal case in his 1994 verification form. He was later acquitted in that case, subject to a pending appeal by the State.

Decision Breakdown

This is not a final decision on the dispute. The Court did not itself decide whether the termination was valid. Applying the law laid down in Avtar Singh v. Union of India, (2016) 8 SCC 471, it directed the Appointing Authority to reconsider his case afresh and pass a reasoned order within four months of his filing a representation.

Lesson Learnt

There is no final ruling yet on whether the termination stands. A termination for suppressing a criminal case in a verification form must be reconsidered by the employer under the principles in Avtar Singh, with a reasoned order.

Official source (sci.gov.in)View Judgment (PDF)

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