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

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

The Division Bench correctly held that the appointing authorities lawfully removed the petitioner because he deliberately suppressed the pendency of a criminal case at the time of his enrolment in CISF, which is an armed force deployed in sensitive sectors requiring highest discipline; the authorities followed due process, applied Avtar Singh and related principles, and there was no allegation of mala fide or breach of natural justice, so judicial interference by the Single Bench was unjustified.

Parties
Petitioner: Ex-Const/Dvr Mukesh Kumar Raigar; Respondent: Union of India & Ors.
Jurisdiction
India
Judgment Date
16 January 2023
Procedural Posture
Special Leave Petition (civil) No. 10499 of 2022 / Judgment
Outcome
Special Leave Petition dismissed
Legal Topics
Disciplinary Enquiry, Suppression of Information in Verification Form, Appointment Fitness, Judicial Review, CISF Rules
Service Law Administrative Law Constitutional Law Disciplinary Enquiry Suppression of Information in Verification Form Appointment Fitness Judicial Review CISF Rules

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Parties

Ex-Const/Dvr Mukesh Kumar Raigar

Petitioner

Union of India & Ors.

Respondent

Procedural Posture

Special Leave Petition (civil) No. 10499 of 2022 / Judgment

Legal Issues

  1. 1 Whether suppression of pendency of a criminal case in verification/character certificate at the time of appointment justifies termination from CISF service
  2. 2 Scope and limits of judicial review under Articles 226 and 136 in disciplinary matters
  3. 3 Application of Avtar Singh principles and subsequent precedents to appointments in disciplined armed forces such as CISF

Ratio Decidendi

The Division Bench correctly held that the appointing authorities lawfully removed the petitioner because he deliberately suppressed the pendency of a criminal case at the time of his enrolment in CISF, which is an armed force deployed in sensitive sectors requiring highest discipline; the authorities followed due process, applied Avtar Singh and related principles, and there was no allegation of mala fide or breach of natural justice, so judicial interference by the Single Bench was unjustified.

Court Disposition

Special Leave Petition dismissed

Orders

  • Special Leave Petition dismissed
  • Order of the High Court Division Bench dated 16.11.2021 upholding the respondents' decision set aside the Single Bench order and is sustained