Case Note & Summary
The petitioner, Swapnil Prakash Parab, applied for the post of Hospital Work Assistant with Bhabha Atomic Research Centre (BARC) in 2016. He filled an attestation form declaring that he had never been arrested, prosecuted, or detained, and that no criminal case was pending against him. However, Crime No.189/2012 was registered against him under Sections 323, 324, 504 read with 34 IPC, and the case was pending at the time of filling the form. BARC issued a show-cause notice and subsequently terminated his services by letter dated 27 February 2018 for suppression of material information. The petitioner made a representation on 23 December 2019, which was rejected on 20 March 2020. He then filed a writ petition challenging the termination. The court noted that the petitioner was acquitted in the criminal case on 30 August 2017, before the termination letter was issued. The court held that the employer must consider the nature of the offence, the fact of acquittal, and the proportionality of the punishment. Since the offence was trivial and the petitioner was acquitted, the termination was disproportionate and set aside. The court directed BARC to reinstate the petitioner with continuity of service but without back wages.
Headnote
A) Service Law - Suppression of Material Information - Attestation Form - Termination - The petitioner was terminated for not disclosing a pending criminal case in the attestation form. The court held that the employer must consider the nature of the offence, the fact of acquittal, and the proportionality of the punishment. Since the petitioner was acquitted and the offence was trivial, the termination was set aside. (Paras 3-10) B) Criminal Law - Acquittal - Relevance in Service Matters - The court held that an acquittal, even if based on benefit of doubt, is a relevant factor in assessing the gravity of suppression. The employer cannot ignore the acquittal and must evaluate the overall circumstances. (Paras 8-10)
Issue of Consideration
Whether the termination of the petitioner for suppression of a pending criminal case in the attestation form was justified, given that he was subsequently acquitted and the offence was trivial.
Final Decision
The court allowed the writ petition, set aside the termination letter and the rejection order, and directed BARC to reinstate the petitioner with continuity of service but without back wages.
Law Points
- Suppression of material information
- attestation form
- termination
- acquittal
- trivial offence
- proportionality
- BARC
