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Supreme Court of India · 16/01/2023

EX-CONST/DVR MUKESH KUMAR RAIGAR versus UNION OF INDIA & ORS

[2023] 1 S.C.R. 797 · 2023 INSC 42

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Summary

A CISF constable, appointed in 2007, had not disclosed in his character verification that a criminal case under Sections 323, 324 and 341 IPC was pending against him. After a fresh enquiry ordered in revision, he was removed from service. On reconsideration in the light of Avtar Singh, the authority again found him unsuitable. A Single Judge ordered his reinstatement, and the Division Bench reversed that order. The Supreme Court dismissed his petition. Applying Avtar Singh and Satish Chandra Yadav, it held that deliberate suppression bears on character and suitability, especially in a sensitive, disciplined force. Generalisations about youth and career prospects should not drive the outcome. Without mala fides, unfairness or breach of rules, judicial review does not extend to the merits of the decision or the penalty.

Issues

  1. Whether removal of a CISF constable for suppressing, at the time of appointment, the pendency of a criminal case against him called for interference in judicial review.

Provisions considered

Held

Result

Special Leave Petition (Civil) No. 10499 of 2022 against the Rajasthan High Court Division Bench judgment dated 16.11.2021 in D.B. Special Appeal Writ No. 637 of 2021 dismissed, leaving the order of removal intact.

Judgment PDF: Supreme Court of India, [2023] 1 S.C.R. 797.