NDLI: Satish Chandra Yadav Vs. Union of India & Ors

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Service Law
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 Referred Case 12 Referred Case 13 Referred Case 14 Referred Case 15 Referred Case 16 Referred Case 17
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Service Law – Appointment – Suppression of information/ submitting false information in the verification form – Dismissal of the appellants from service – Correctness of – Held: In case of appellant in Civil Appeal arising out of the SLP (C) No. 20860 of 2019, what led to the termination of his services was not his involvement in the criminal case which was then pending, and in which he was acquitted subsequently but the fact that he had withheld relevant information while filling in the verification Form – Appellant was given appointment on probation subject to the verification of facts given in the verification Form – Therefore, if an enquiry revealed that the facts given were wrong, the respondent was at liberty to dispense with the services of the appellant – In the connected Appeal arising out of the SLP (C) No. 5170 of 2021, the appellant had put in about four years of service before he came to be terminated, however the said appeal also fails on the very same line of reasoning – Central Civil Services (Temporary Service) Rules, 1965 – r.5 – CRPF Act, 1949 – Central Reserve Police Force Rules, 1955 – r.27. Service Law – Appointment – Public employment – Criminal Antecedents – Suppression of information or submitting false information in the verification Form – Principles of law to be made applicable to such litigations – Held: Each case should be scrutinised thoroughly by the public employer concerned, through its designated officials- more so, in the case of recruitment for the police force, who are under a duty to maintain order, and tackle lawlessness, since their ability to inspire public confidence is a bulwark to society’s security – Even in a case where the employee has made declaration truthfully and correctly of a concluded criminal case, the employer still has the right to consider the antecedents, and cannot be compelled to appoint the candidate – Further, acquittal in a criminal case would not automatically entitle a candidate for appointment to the post – It would be still open to the employer to consider the antecedents and examine whether the candidate concerned is suitable and fit for appointment to the post – Generalisations about the youth, career prospects and age of the candidates leading to condonation of the offenders conduct, should not enter the judicial verdict and should be avoided. Service Law – Appointment – Suppression of information/ submitting false information in the verification form – Criminal prosecution, arrest or pendency of a criminal case – Precedent of Avtar Singh case – Position of law post Avtar Singh – Discussed. Constitution of India – Article 136 – Scope of appeal under – Held: Unless, it is shown that exceptional and special circumstances exist; that substantial and grave injustice have been done and the case and question present features of sufficient gravity to warrant a review of the decision appealed against, Supreme Court would not exercise its overriding powers u.Article 136(1) – The wide discretionary power invested u/Article 136 is to be exercised sparingly and in exceptional cases only.
Judge	Hon'ble Mr. Justice J.B. Pardiwala
Neutral Citation	2022 INSC 1024
Petitioner	Satish Chandra Yadav
Respondent	Union Of India & Ors
SCR	[2022] 10 S.C.R. 537
Judgement Date	2022-09-26
Case Number	6955

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