Employment basis false info can be terminated: SC

If an employee has submitted false information regarding suitability for a job, or concealed information regarding arrest or prosecution, etc. in the verification form, he or she can be terminated from the job

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Employees who produce false information regarding their suitability for a job or get appointed basis their suppression of their past records or history, such as arrest or prosecution, etc. may be terminated. This observation was made by the Supreme Court.

As reported by Live Law, the bench of Justices Surya Kant and JB Pardiwala observed that if an employee has been appointed on the basis of suppressed / concealed facts — about the candidate’s background (regarding arrest, conviction, prosecution, etc.) in the verification form submitted at the time of appointment — that employment can be terminated. Suppression of important information reflects wrong conduct.

The bench also observed that just because a candidate is acquitted in a criminal case he/she does not automatically become entitled to a job or post. He or she can be appointed only if the employer is comfortable, after thoroughly checking the background of the candidate and finding him/her suitable for the role.

A CRPF constable (general duty), Satish Chandra Yadav had been terminated from service when it was found that he had kept important information, about a criminal case being registered against him, from CRPF. When the Delhi High Court ruled that he was rightly dismissed, he approached the Supreme Court.

A criminal case had been registered against Yadav for an offence punishable under Sections 147, 323, 324, 504 and 506 of the Indian Pena Penal Code.

Yadav’s lawyer argued that the case registered against him was not serious and did not reflect any immorality or vileness in Yadav’s character or nature; that he should not be deprived of a job because of the same.

However, the Court ruled that the very fact that he had suppressed material facts was enough reason for termination of service.

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