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Supreme Court of India 2022-05-02 allowed

Pawan Kumar vs Union of India & Anr

Bench: 2 — Rastogi, J.

In Brief

A constable selected for the Railway Protection Force was discharged for allegedly suppressing information about a criminal case in his attestation form. The Supreme Court allowed his appeal, holding that discharge cannot be automatic or arbitrary even when information is suppressed. The Court held that the employer must conduct an objective, fact-based assessment considering the nature of the post, the severity of the suppressed information, and the outcome of the case. Here, the criminal case was trivial and ended in acquittal; moreover, the case was registered after the original application form was submitted. The Court reinstated the appellant as Constable with notional benefits but without back pay.

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Employment Law Service Law Administrative Action Procedural Fairness Government Services Railway Protection Force Verification and Character Clearance

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