Employer

Mere removal of false information does not mean employer can arbitrarily terminate employee: Supreme Court

The high court said the person who deleted the material information or made a false statement does not have an absolute right to request an appointment or continuity of service, but at least has the right not to be treated arbitrarily . (PTI file)

A bench of judges Ajay Rastogi and Sanjiv Khanna said that a candidate who intends to participate in the selection process is still required to provide correct information regarding his character and background in the before and after verification/attestation form. entry into service.

  • PTI New Delhi
  • Last update:May 03, 2022, 6:46 p.m. HST
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Mere suppression of material or false information in a given case does not mean that the employer can arbitrarily terminate/terminate the employee, the Supreme Court said. A bench of judges Ajay Rastogi and Sanjiv Khanna said that a candidate who intends to participate in the selection process is still required to provide correct information regarding his character and background in the before and after verification/attestation form. entry into service.

“Merely removing material/false information, whether a conviction or acquittal has been recorded, the employee/recruiter should not be axiomatically dismissed/dismissed from service with a simple stroke of the pen. “At the same time, the effect of suppressing material/false information involving a criminal case, if any, is left to the employer to consider all available relevant facts and circumstances as to background and taking into account take the objective criteria and relevant service rules into consideration when making an appropriate decision regarding the employee’s continued/fitness for service,” the bench said.) While undergoing training, he was removed from his position by order on the grounds that he had not disclosed that an FIR was registered against him.

The high court said the person who deleted the material information or made a false statement does not have an absolute right to request an appointment or continuity of service, but at least has the right not to be treated arbitrarily . The Supreme Court said that at the time of the attestation form filled by the appellant, the criminal case was already registered against him, but it can be noticed that at the very threshold, the plaintiff filed his affidavit that the complaint on which FIR came to be recorded was due to a misunderstanding.

“The criminal case was indeed trivial in nature and the nature of the post and the nature of the duties to be performed by the recruit were never considered by the competent authority when considering the incumbent’s overall fitness to become a member of the force.” In our opinion, the discharge order issued by the competent authority dated April 24, 2015 is not viable and, following it, the judgment rendered by the Bench Division of the Delhi High Court is not valid and deserves to be quashed,” the bench said.

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