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Union of India & Ors. vs Dilip Kumar Mallick

Civil Appeal · 2022 INSC 1301Decided 5 Apr 2022
Civil Appeal No. 2754 of 2022

Background

The respondent, appointed to the Central Reserve Police Force (CRPF) in 2003, was removed from service after a departmental inquiry found he had left blank the column in his employment verification roll asking about pending criminal cases, even though a criminal case against him (for a minor scuffle-related offence) was pending at the time. His departmental appeals were rejected, but on his second round before the Orissa High Court, the Division Bench, while agreeing he was indeed guilty of concealment, held that removal from service was too harsh a punishment (since he was later acquitted in that criminal case) and directed the authorities to impose a lesser penalty instead, treating him as continuing in service.

Decision Breakdown

The Supreme Court held that non-disclosure of a pending criminal case in a verification roll is, by itself, treated as seriously as giving false information, and can justify removal from service, following the principles laid down in Avtar Singh v. Union of India. It found this was not a "trivial" case (like a minor offence disclosed and forgiven) since the respondent had entirely omitted mentioning a live criminal case, and his later acquittal (after a compromise with the villagers involved) did not erase the seriousness of the concealment at the time. The Court held the High Court had no legal basis to direct a lesser punishment out of sympathy once concealment was established, and restored the original order removing the respondent from service.

Lesson Learnt

Job applicants and government employees must truthfully disclose any pending criminal case in verification and service forms; deliberately hiding such information can justify termination even if the person is later acquitted in that very case.

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

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