MP High Court: Constable Non-Disclosure Acquittal After 10 Years

• The Madhya Pradesh High Court reinstated a police constable dismissed for not disclosing two acquitted criminal cases on his 2011 recruitment form.
• Nandkishore Lilhare, who served over ten years, had been acquitted in both minor cases, one through a compromise, before his appointment.
• The court deemed his dismissal

The High Court's decision underscores that an acquittal, even if based on a compromise, holds significant legal weight and cannot be arbitrarily disregarded.

The Madhya Pradesh High Court has overturned the dismissal of a police constable, Nandkishore Lilhare, who was removed from service after more than a decade for failing to declare two previously acquitted criminal cases on his 2011 recruitment form. Justice Vivek Kumar Singh, presiding over the Jabalpur bench, characterized the disciplinary action as "

Lawyers advising clients on public sector recruitment or representing employees facing dismissal for non-disclosure should note this ruling. It clarifies that non-disclosure of old, acquitted, or minor cases in recruitment forms may not automatically lead to dismissal, particularly if there was no fraudulent intent, and reinforces that 'an acquittal is an acquittal,' even if by compromise. This precedent can be used to challenge disproportionate disciplinary actions based on such disclosures.

Source: Original reporting via legal news publication