In a significant judgment, the Supreme Court of India upheld the termination of Shishu Pal, also known as Shiv Pal, a constable in the Central Reserve Police Force (CRPF), for concealing his involvement in criminal cases at the time of his recruitment. The case, Union of India & Others vs. Shishu Pal @ Shiv Pal (Civil Appeal No. 7933 of 2024), arose from a petition for special leave to appeal (Civil No. 25631 of 2019) against the decision of the Gauhati High Court, which had ordered the reinstatement of the respondent with back wages.
Key Legal Issues
1. Suppression of Material Information: The primary legal issue revolved around whether Shishu Pal had deliberately concealed information about pending criminal cases against him during the recruitment process.
2. Proportionality of Punishment: Another critical issue was whether the punishment of termination was proportionate to the misconduct of not disclosing the criminal cases.
Court’s Decision
The Supreme Court, in a detailed judgment authored by Justice Hima Kohli, with Justice Ahsanuddin Amanullah concurring, overturned the High Court’s decision and restored the termination order issued by the Disciplinary Authority and upheld by the Appellate Authority.
Key Observations:
1. Integrity in Uniformed Services: The Court emphasized the importance of integrity in uniformed services, stating, “The standard of rectitude to be applied to any person seeking appointment in a Law Enforcement Agency must always be higher and more rigorous for the simple reason that possession of a higher moral conduct is one of the basic requirements for appointment to a post as sensitive as that in the police service.”
2. Concealment of Criminal Cases: The Court found that Shishu Pal had indeed concealed material information regarding his involvement in Criminal Case No. 459/2011 and Criminal Case No. 537/2011, both registered at Barnhal Police Station, Mainpuri, Uttar Pradesh, under several sections of the Indian Penal Code and the Uttar Pradesh Control of Goondas Act, 1970.
3. False Documents: The respondent had also submitted fake documents purportedly issued by various authorities to mislead the verification process.
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Case Details
– Case Number: Civil Appeal No. 7933 of 2024
– Bench: Justice Hima Kohli and Justice Ahsanuddin Amanullah
– Lawyers: Ms. Nidhi Gupta for the appellants, Mr. Brijesh Kumar Gupta for the respondent
Parties and Representation
– Appellants: Union of India and others, represented by Ms. Nidhi Gupta.
– Respondent: Shishu Pal @ Shiv Pal, represented by Mr. Brijesh Kumar Gupta.
