Case Title: Rohitashwa Kumar versus State Of Rajasthan & others
Case No.: S.B. Civil Writ Petition No. 17491/2018
Decided on: 11.07.2023
Coram: HON’BLE MR. JUSTICE ANOOP KUMAR DHAND
Facts of the case:
The petitioner has approached this Court challenging the validity of the impugned orders dated 03.10.2017 and 10.07.2018 by which services of the petitioner have been terminated on the ground of suppression of the material fact regarding his conviction in a criminal case involving offence under Section 326/34, 324/34 and 323/34 of Indian Penal Code (for short, ‘IPC’).
The petitioner has invoked the jurisdiction of this Court contained under Article 226 of the Constitution of India.
The petitioner was working on the post of teacher and a criminal case was registered against him at Police Station Sadar, Jhunjhunu on 23.03.1994 and he was arrested on the same day and he remained in judicial custody for 49 days w.e.f. 23.03.1994 till 10.05.1994 and he concealed this fact from the department and submitted application seeking extraordinary leaves of these 49 days on the ground of illness of his daughter and family circumstances and the same was sanctioned.
Petitioner was sentenced to undergo two years imprisonment vide judgment dated 24.08.1998. The petitioner submitted SB Criminal Appeal No. 639/1998 against the said judgment before this Court and the same was partly allowed on 15.05.2015 and his conviction was upheld by this Court and he was released on the sentence already undergone by him.
The petitioner submitted an application seeking voluntary retirement (for short, ‘VRS’) and the same was allowed on 03.07.2017 and his VRS was accepted w.e.f. 06.09.2017. Prior to the effect of the voluntary retirement on 06.09.2017, the VRS order dated 03.07.2017 was withdrawn on 04.09.2017 and the principle of school was directed not to relieve the petitioner.
Looking to the misconduct of the petitioner about concealment of his conviction in a criminal case, a decision was taken on 03/10/2017 to terminate the services of the petitioner.
Feeling aggrieved and dissatisfied by these two impugned order dated 03/10/2017 and 10/07/2018, the petitioner has approached this Court by way of filing of this petition.
Judgement:
The petitioner has not only mislead the respondents about his involvement, arrest and conviction in a criminal case but also he has committed fraud with the respondents by saying that he has been acquitted in the criminal case. The petitioner does not deserve any sympathy by this Court. The respondents have not caused any illegality in taking the decision to terminate the services of the petitioner.
The present writ petition fails and the same is hereby dismissed.
Analysis:
The credibility and the trustworthiness of the petitioner who has at every stage not only suppressed and concealed about his involvement, arrest and conviction in a criminal case but also he played a fraud by making a false declaration that he has been acquitted by this Court vide judgment dated 15.05.2015. Rather his conviction was upheld by this Court and the same has attained finality. If the correct facts would have disclosed, the respondents would not have continued the petitioner in service. Thus, the question is of trust. Therefore, in such a situation, where the employer feels that an employee like the petitioner, who has mislead the department by playing fraud and did not disclose the correct facts and suppressed the material facts and therefore, he cannot be continued in service because such an employee cannot be relied in future, the employer cannot be forced to continue such an employee like the petitioner. Such an employee cannot claim his right to continue in service.
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Written by: Mahima Saini
