Case Note & Summary
The petitioner, Buddheshwar S/o Babulal Lilhare, was appointed as a Peon on compassionate ground by the Maharashtra State Electricity Distribution Company Limited (MSEDCL) after his father's death in harness. The appointment order dated 6-10-2018 contained Condition 12 requiring character and antecedents verification. The petitioner filled an attestation form where Column 11 asked whether he had ever been arrested, prosecuted, or had any case pending. The petitioner answered 'No' to all sub-questions. However, it was later discovered that a criminal case (Sessions Case No. 1/2016) was pending against him under Sections 307, 324, 504, 506 read with 34 of the Indian Penal Code. The respondents terminated the petitioner's services on the ground of suppression of material facts. The petitioner challenged the termination by way of a writ petition. The court noted that the petitioner was subsequently acquitted in the criminal case on 25-1-2019. The court observed that the offence did not involve moral turpitude and the acquittal was based on the complainant turning hostile. The court held that the termination was disproportionate and set it aside. The court directed reinstatement with continuity of service but without back wages, as the petitioner had not worked during the period. The court also directed that the petitioner be treated as on duty from the date of reinstatement for all purposes except back wages.
Headnote
A) Service Law - Compassionate Appointment - Suppression of Criminal Case - Termination - The petitioner was appointed on compassionate ground but terminated for suppressing a criminal case in the attestation form. The court held that since the petitioner was acquitted in the criminal case and the offence did not involve moral turpitude, the termination was not justified. (Paras 2-10) B) Service Law - Attestation Form - Duty to Disclose - The attestation form required disclosure of arrest, prosecution, or pending cases. The petitioner answered 'No' despite a pending criminal case. The court considered that the petitioner was acquitted and the case was not of moral turpitude, thus the suppression was not fatal. (Paras 3-8) C) Service Law - Termination - Proportionality - The court held that termination for suppression of a criminal case where the employee was acquitted and the offence lacked moral turpitude was disproportionate. The court set aside the termination and directed reinstatement with continuity of service but without back wages. (Paras 9-10)
Issue of Consideration
Whether the termination of the petitioner's compassionate appointment on the ground of suppression of a criminal case is justified when the petitioner was acquitted in the said case and the offence did not involve moral turpitude.
Final Decision
The court allowed the writ petition, set aside the termination order, and directed reinstatement of the petitioner with continuity of service but without back wages. The petitioner was to be treated as on duty from the date of reinstatement for all purposes except back wages.
Law Points
- Suppression of material facts
- compassionate appointment
- character verification
- criminal antecedents
- moral turpitude
- termination of service
