The High Court of Sikkim has quashed the termination of a Constable (Washerman) in the Sashastra Seema Bal (SSB), holding that suppression of trivial criminal cases which ultimately resulted in acquittal or compromise cannot be a ground for automatic removal from service, particularly when the post involves no sensitive responsibility. Chief Justice A. Muhamed Mustaque allowed the writ petition filed by Vikash, a matriculate from a small farming family in rural Uttar Pradesh, and directed his reinstatement with continuity of service.
The petitioner was selected in the Economically Weaker Section (EWS) category and joined 36th Battalion SSB, Gyalshing, Sikkim, on March 5, 2024. Within months, his services were terminated on August 17, 2024, on the ground that he had suppressed involvement in two criminal cases while filling the recruitment form and verification documents.
The first case was FIR No. 56/2017 under Sections 380 and 457 IPC registered at Chopan Police Station. Investigation revealed the complaint to be false and the final report was accepted by the Court. The second case, FIR No. 252/2020 under Sections 323, 504 and 506 IPC, was a family dispute which was amicably settled and resulted in acquittal upon compromise in October 2023.
The Court observed that even if these cases had been disclosed, they would not have impacted the petitioner’s suitability for the post of Constable (Washerman). Referring to *Avtar Singh v. Union of India*, the bench held that employers must consider the nature of the post, social background of the candidate, and the triviality of the offence before taking drastic action.
Chief Justice Mustaque emphasised the constitutional vision of substantive equality:
“A person born into conditions of extreme poverty cannot always be expected to exhibit the same social behavior as one whose character has been shaped in a more advantageous environment. The psychological construct of an individual is often influenced by the social and economic circumstances into which he is born and raised.”
The Court further noted that in a low-responsibility post like Washerman, which does not involve public interface, discretion or sensitive duties, minor lapses can be condoned. It quoted Oscar Wilde to drive home the reformative approach:
“Every saint has a past, and every sinner has a future.”
Setting aside the termination order, the Court directed the SSB to reinstate the petitioner with continuity of service and pay arrears prior to termination within three weeks. Back wages after termination were declined in the peculiar facts of the case.
Case Title: Vikash versus Union of India & Ors. | W.P.(C) No. 49 of 2025
Date of Judgment: March 9, 2026
Click HERE for full judgment
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