Raipur: Setting aside his termination as a food inspector, Chhattisgarh high court reinstated a former Indian Navy serviceman, after observing that the minor criminal cases against him stemmed from a childhood neighbourhood dispute settled nearly two decades ago.
The division bench, comprising Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru, held that such acts committed during childhood cannot attract disqualification under the Juvenile Justice Act and noted the appellant's exemplary naval service record before joining the state govt.
In the judgment, the court on Nov 3 set aside the order of a Single Judge and quashed the termination of a former Indian Navy serviceman who was dismissed from his post as a food inspector in the state govt.
Prahlad Prasad Rathour, 40, a resident of Lalpur village in Gaurela-Pendra-Marwahi (GPM) district, served in the Indian Navy for 15 years before joining the state govt in 2018 through the ex-servicemen quota. His naval service record was noted as "exemplary," with multiple "very good" assessments and awards, including good conduct badges in 2007, 2011, and 2015. After his honourable discharge, he was appointed as a food inspector under the department of food, civil supplies, and consumer protection.
However, Rathour's service was terminated on March 15, 2024, following a police verification report that cited two criminal cases registered against him in 2002 when he was still a minor. Both cases—relating to a neighbourhood dispute—were settled in the Lok Adalat by 2007.
The Single Judge had earlier upheld his termination, finding that he failed to disclose these cases in his verification form.
The division bench, while allowing the writ appeal, emphasised that the alleged offences occurred when the appellant was a child in conflict with law (CCL), as defined under the Juvenile Justice (Care and Protection of Children) Act, 2015.
The court held that under Section 24(1) of the Act, all disqualifications attached to offences committed during childhood stand removed, and the individual cannot be penalised later in life for such acts.
The bench observed that relying on long-settled, minor cases to declare the appellant's character "unfit" was arbitrary and contrary to the principles of natural justice.