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Supreme Court of India 2022-03-02 allowed

Umesh Chandra Yadav vs Inspector General and Chief Security Commissioner, R.P.F., Northern Railway, New Delhi & Others

Bench: 2 — Rastogi

In Brief

A juvenile was prosecuted in 1997 for allegedly preparing a forged caste certificate but was discharged by the trial court in 2001 for lack of sufficient evidence. Over a decade later, he was selected as a constable in the Railway Protection Force but his appointment was cancelled for allegedly failing to disclose the criminal case in his attestation form. The Supreme Court held that the cancellation was unlawful because the authority failed to consider the special circumstance that he was a juvenile when the case was registered and discharged. The Court reinstated him with full back wages and seniority, ruling that the discharge by a competent court stands as a concluded matter and cannot constitute material suppression.

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Administrative Law Civil Service Employment Criminal Procedure Juveniles Discharge Appointment Material Suppression

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