ups_00326 — Termination of a temporary Government employee for suppression of pending criminal case in the Attestation Form is valid and the appointment obtained by fraud is void ab initio
Original Rule Text
Termination of a temporary Government employee for suppression of pending criminal case in the Attestation Form is valid and the appointment obtained by fraud is void ab initio — Ruling on employment obtained through fraudulent means, with references to Prohlad Guha's case (2024 SCC OnLine SC 1865) and subsequent case law. Prohlad Guha and Others, reported in [ 2024 SCC OnLin... — Facts: The Applicant joined service as a Staff Car Driver on 6-6-2024 on a provisional basis and assumed charge on 10-6-2024. On 28-1-2025, a show-cause notice was issued to him calling for an explanation regarding the alleged non-disclosure of information pertaining to a pending FIR against him. The Applicant submitted his explanation on 3-2-2025. A second show-cause notice dated 10-3-2025 was issued reiterating the allegations. The Applicant again submitted his explanation on 22-3-2025. Without considering any of his submissions, the Respondent issued the impugned Notice of Termination dated 3-4-2025 under sub-rule (1) of Rule 5 of the Central Civil Services (Temporary Service) Rules, 1965, terminating his services with effect from 3-5-2025. The Applicant challenged this Notice of Termination by filing the present Original Application seeking quashing of the said Notice. The Applicant's Counsel contended that the FIR arose out of a petty dispute and that the complainant, Mr. Malaichamy, had deposed during trial that the Applicant was not connected with the alleged offence, indicating the FIR was a false case. It was argued that the non-disclosure was merely an inadvertent error and not a deliberate attempt to conceal information, that the Respondent ought to have awaited the outcome of the criminal trial, and that not every instance of non-disclosure of antecedents need necessarily be treated as fatal to a person's employment, as held by the Hon'ble Supreme Court and various High Courts.