09/29/2025

Termination illegal for non disclosure of minor conviction: Bombay HC

Termination illegal for non disclosure of minor conviction: Bombay HC

Bombay High Court in Nitin Sadashiv Khapne vs. Union of India & Ors. [WP No. 53/2024]on August 21, 2025 quashed the termination of an employee who failed to disclose a minor conviction under the Maharashtra Prevention of Gambling Act, 1887. The Court reasoned that the offence was neither heinous nor morally depraved and had occurred long before his appointment. It emphasised that authorities must assess the nature of the offence, the relevance to job duties, the time elapsed since conviction, and family circumstances before imposing removal. Accordingly, it held that automatic termination for such suppression is arbitrary and disproportionately harsh. The Court directed reinstatement within 30 days with continuity of service and consequential benefits, excluding back wages.

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