‘Every saint has a past, every sinner a future’: Why Sikkim High Court reinstated SSB constable fired over criminal cases

While one case was stated to have been found false later, the other was said to have been settled.

The psychological construct of an individual is often influenced by the social and economic circumstances into which he is born and raised, the court said.

The court underlined the fact that the constable, born into extreme poverty, cannot always be “expected to exhibit the same social behaviour as one in a more advantageous environment”.

“His termination, if continued, will remain as a stigma for him and contradict the constitutional scheme of amelioration,” the order added.

Findings

• There is hardly any dispute about the fact that the petitioner was involved in two crimes, and those crimes were not disclosed while submitting the application for recruitment or submitting a response to verification at the time of joining.
• The first crime was found to be false against the petitioner, and in the second crime, it is apparently some sort of family dispute and no overt act was attributed to the petitioner.
• The offence was compounded and entered in acquittal of the petitioner. 
• If these offences do not have bearing in prospective employment, nothing prevents the respondent employer from condoning such lapse and ignoring those crimes.
• In positions where the duties demand a higher degree of public confidence and discretionary authority, even suppression relating to a trivial offence may not be readily condoned. 
• However, where the post in question carries no significant element of discretion, public interface, or sensitive responsibility in the discharge of duties, the matter may require a more nuanced consideration. 
• In such circumstances, the request for condonation of the lapse may deserve deliberation in the light of the broader constitutional goals of promoting equality and alleviating the disadvantages faced by socially and economically backward sections of society.
• The Constitution aims to create a social order to take steps to address historical and structural disadvantages.
• A person born into conditions of extreme poverty cannot always be expected to exhibit the same social behaviour as one whose character has been shaped in a more advantageous environment. 

‘False’ complaint

• The petitioner’s counsel argued that the reasons for non-disclosure of the first crime were that he had no chance to know about the pendency of the case, as the police, on investigation, found that the complaint itself was false.
• The counsel said that the second crime was settled and closed in 2023.
• In Reference to Krishan Kumar v. Director General CISF, the counsel argued that non-disclosure of past minor criminal cases does not automatically justify termination of employment, and each case must be evaluated on its specific facts and circumstances.
• Relying on Santosh Kumar Yadav at Ranjan v. Union of India & Ors.  wherein it was held that a juvenile is not required to disclose criminal antecedents in the employment applications as per the Juvenile Justice (Care and Protection of Children) Act, 2000, protecting them from stigma.

Candidate’s character

• The deputy solicitor general of India for the respondent, placing his reliance on the Union of India and Others v. Bipad Bhanjan Gayen, argued that mere suppression in the application form and the verification establishes the character of the candidate.
• The counsel said that in a disciplined force like SSB, such misconduct cannot be countenanced, and non-disclosure would justify termination.
• Relying on another precedent, Union of India and others v. Shishu Pal alias Shiv Pal, the counsel submits that if a declaration given in the verification roll is found to be false, then termination can be justified. 

‘Suppressed role in crimes’

• The petitioner hails from a village in Sonbhadra (Uttar Pradesh), and he is a matriculant.
• His family appears to be engaged in a small farm in his native village. 
• He applied for the post of constable (washerman) in the service of Sashastra Seema Bal (SSB). 
• This application was in the year 2020, when he was only 21. 
• He was selected for the vacancy in the Economically Weaker Section (EWS) category.
• The appointment order shows that the appointment was purely temporary but likely to continue. 
• His probation was for a period of two years from the date of appointment, and he was offered the appointment in the State of Sikkim. 
• Accordingly, he reported and joined duty as a constable (washerman) at 36th Bn SSB, Geyzing on March 5, 2024.
• He was terminated with effect from August 17, 2024, for the reason that he had suppressed involvement in two crimes while submitting a declaration in the SSB recruitment form and also while giving an undertaking at the time of joining the SSB as a Constable.
• The first case filed against him was found to be false, and the second case against the petitioner, along with his brothers in 2020, were compoudable offences, which was amicably settled in 2023.

Stigma for him: court

• The character assessment of a person, therefore, must be based on understanding social inequalities that exist in our society. 
• This is exactly the reason the Constitution contemplates a substantial model of equality.
• In a post like this, constable (washerman), the lapse of this nature can be condoned, taking into consideration the social background of the Petitioner.
• If the employer continues to condemn him, that will remain as a stigma for him and would directly contradict the constitutional scheme of amelioration (commitment to uplift historically disadvantaged, socially, and economically backward classes through targeted, state-led initiatives).