Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | r.673 Orissa Police Rules Service Law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law – Respondent applied for appointment to the post of Constable in Odisha State Police specifically stating in his application that he was not involved in any criminal case – Appointed – During verification, it was found that he was involved in a case u/ss.294/323/324/326/336/337/427/379/506/34, IPC – Respondent was discharged from service – Odisha Administrative Tribunal rejected Original Application (OA) filed by the respondent – Reversed by High Court – On appeal, held: Respondent was seeking public employment in the State police service – His duties, on appointment to the service, would be of a responsible character, bearing intrinsically on the maintenance of law and order and with consequences for personal liberty of citizens – To expect that an applicant for such a position would be truthful in the disclosure of information sought about the antecedents is a justifiable basis for assessment of personality and character – Case against the respondent cannot be regarded as being trivial in nature – Despite being involved in the criminal case, the respondent suppressed these facts – Criminal case was quashed in exercise of jurisdiction u/ s.482, CrPC on the basis of compromise between the parties much after the order of discharge – Impugned order set aside – Order of the Tribunal maintained – OA filed by the respondent is dismissed – Orissa Police Rules – r.673. |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2020 INSC 119 |
Petitioner | State Of Odisha And Ors. |
Respondent | Gobinda Behera |
SCR | [2020] 3 S.C.R. 643 |
Judgement Date | 2020-01-31 |
Case Number | 893 |
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