Mere suppression of false info doesn't mean employer can arbitrarily terminate employee: Supreme Court

The top court said that a person who has made a false declaration has no unfettered right of seeking appointment

The Supreme Court has said that mere suppression of material or false information related to a criminal case does not mean that the employer can arbitrarily discharge or terminate the employee from service.

A bench of Justices Ajay Rastogi and Sanjiv Khanna said mere suppression of material or false information regardless of the fact whether there is a conviction or acquittal has been recorded, the employee or recruit is not to be discharged or terminated axiomatically from service just by a stroke of pen.

At the same time, in such circumstances, the employer is to consider all the relevant facts and circumstances available and keep in view the objective criteria and the relevant service rules into consideration, for taking appropriate decision regarding continuance or suitability of the employee into service, the bench added.

The top court said that the person who has suppressed the material information or has made a false declaration has no unfettered right of seeking appointment or continuity in service, but at least has a right not to be dealt with arbitrarily.

The top court relied upon the exposition of law in Avtar Singh Vs Union of India case (2014) to allow an appeal filed by Pawan Kumar against the Delhi High Court's decision, which had approved the order to discharge him during the training as a constable in the Railway Protection Force for not disclosing a criminal case.

It noted a distinguishing factor that the FIR in the present case was registered post submission of the application form.

"We have also taken into account the nature of the allegations made in the criminal case and that the matter was of trivial nature not involving moral turpitude. Further, the proceedings had ended in a clean acquittal," the bench said.

Here, the authorities, acting in a mechanical manner and without fulfilling their obligation, confirmed the order of discharge against the candidate, the court further noted.

The court set aside the High Court's order and quashed the decision of the discharge. It directed the authorities to reinstate him in the service.

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