Apex court relief to PSI discharged from service for concealing info

The Supreme Court on Wednesday came to the rescue of a probationary police sub inspector (PSI) from Karnataka, who was discharged from service for not disclosing information about a pending criminal case against him.

“There may be 100 FIRs against one but he or she has to disclose information only when there is any progress in any cases,” the court said, pointing to the columns of the application form.

A bench of Justices R F Nariman and Abhay Manohar Sapre said the fundamental basis for discharge was non-existent in the case as the applicant has responded in negative to three questions asked in the application form, if he was convicted; if he was ever arrested and if he was subjected to any trial. “We are of the view that there was no mis-statement in the facts of the case,” the bench said. The court dismissed the Karnataka government’s petition against an order to reinstate the probationary PSI R L Laxmipati, who was discharged from service in 2009 for concealing an FIR in his application form.

A criminal case was registered against him in 1999 when he was a 15-year-old. In June 2009, he was acquitted. He was never arrested at the time of filling up of the application form, the bench noted. Laxmipati had applied for the post in 2006 and the trial in the criminal case lodged against him began only in 2008.

The apex court upheld the orders passed by the Karnataka High Court in May 2013 as well as the Karnataka Administrative Tribunal (KAT) in July 2011. Both, the high court and the KAT had set aside the discharge order.

After his selection, Laxmipati was appointed to the post in August 2007. However, on an information received in March 2008 by the Superintendent of Police, Davangere district about a pending criminal case against Laxmipati, he was discharged under the Karnataka Civil Services Probationary Rules, 1977 for giving incorrect information about himself.

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