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Supreme Court of India 2023-01-16 dismissed

EX-CONST/DVR MUKESH KUMAR RAIGAR vs UNION OF INDIA & ORS

Bench: 2 — Ajay Rastogi, Bela M. Trivedi

In Brief

A CISF constable was removed from service after suppressing information about a pending criminal case when submitting his character certificate during recruitment. The High Court's Single Bench quashed the removal, but the Division Bench reversed this decision. The Supreme Court upheld the Division Bench, holding that deliberate suppression of material facts regarding pending criminal cases in recruitment is gross misconduct warranting removal from a disciplined force. The Court ruled that judicial review of such disciplinary orders is limited to examining procedural fairness, not the merits of the authority's decision, and cannot substitute its judgment for that of the disciplinary authority absent mala fides or procedural violation.

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Civil Service Disciplinary Law Recruitment Character Verification Armed Forces Judicial Review Misconduct Administrative Law

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