Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law – Termination from services – Non-disclosure/ suppression of material fact and filing a false declaration – Appellants invited applications for the post of Technical Helper – Respondent-employee was appointed for the said post as a probationer trainee for a period of two years – As per the appointment order, the respondent was required to produce a character certification/verification report iss ued by the Superintendent of Police (SP) of the concerned District from where he belonged – SP informed the appellants that the respondent was convicted by the trial Court for the offences u/s 341, 323 IPC, however, given the benefit under the Probation of Offenders Act, 1958 and the respondent-employee was ordered to be released on probation for good conduct – Having found that the respondent deliberately suppressed the fact of conviction and penalty, not only at the time of applying post, but also when he submitted a declaration during documents verification that neither criminal case is pending against him nor he has suffered any conviction by any court of law in any criminal case – Appellant was terminated – Writ Petition – The High Court quashed and set aside the order of the termination and directed reinstatement of the respondent – On appeal, held: At the time when respondent-employee submitted the application for appointment, he did not disclose the fact that he already suffered a conviction by the Competent Court but in fact, a false declaration was filed that neither any criminal case is pending against him nor he has been convicted by any Court of law – It is only after the police verification, the appellants came to know about the conviction of the respondent – Therefore, the appellants were absolutely justified in terminating the services of the respondent – The question is about the credibility and/or trustworthiness of such an employee,the question is of TRUST – The order of reinstatement is wholly untenable and unjustified. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2021 INSC 490 |
Petitioner | Rajya Vidyut Prasaran Nigam Limited And Another |
Respondent | Anil Kanwariya |
SCR | [2021] 7 S.C.R. 710 |
Judgement Date | 2021-09-17 |
Case Number | 5743-5744 |
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