By Alok Mohit
Patna: The Patna High Court has set aside dismissal of a sub-inspector of police from service due to non-disclosure of a pending criminal case against him while applying for the post.
In his judgement, uploaded on the court’s website on January 20, Justice Purnendu Singh allowed Sonu Kumar’s writ petition challenging the dismissal order issued on June 20, 2022, and directed the authorities concerned to take corrective measures in accordance with law.
Sonu Kumar argued that he had inadvertently omitted details of a criminal charge while submitting his application online for the position advertised in 2017.
Petitioner’s counsel Kumar Kaushik contended that the omission was due to an error by the cybercafé from where Sonu Kumar had completed his application. Sonu Kumar, who was subsequently acquitted in May 2022 of charges that included homicide, claimed he had disclosed the case details during a character verification process prior to his posting.
The court emphasised that while it was essential for candidates seeking positions in the police force to maintain integrity and disclose criminal antecedents, Sonu Kumar’s eventual disclosure in the character verification form should be considered. The court highlighted relevant legal precedents indicating that young applicants, such as Sonu Kumar, who is 21 years old, might err in judgment and that such mistakes should not permanently bar them from public service, particularly when the information was provided when required.
The respondents, represented by Anil Kumar and Sanjay Pandey, argued that the non-disclosure in the initial application constituted misconduct under existing police regulations. However, the court noted that the disciplinary authority failed to adequately consider the circumstances surrounding Sonu Kumar’s case and his subsequent acquittal before deciding on the dismissal.
The high court ruled in favour of Sonu Kumar, stating, “in light of the law laid down by the Apex Court,” the dismissal was unwarranted, given his qualifications and the context of the case in question. While setting aside and quashing the orders of dismissal, the court directed the authorities concerned to take corrective measures in accordance with law.
- The author Alok Mohit is former senior News Editor of Hindustan Times Patna and Hindustan Times, Chandigarh editions.