Termination justified if employee conceals antecedents: SC

An employee can be sacked if he or she is found to have made false claims about one's antecedents at the time of joining a new job, the Supreme Court has ruled. According to the apex court it is obligatory on the part of the employee concerned to give a correct account of one's conviction or involvement in any criminal trial, if the rules related to the appointment specifically insist on such a condition. A bench of Justices R V Raveendran and L S Panta passed the ruling while upholding the decision of the Central Reserve Police Force (CRPF) to terminate the services of Sukhen Chandra Das, a constable who was appointed in 1991. The authorities sacked him in 1994 after a verification exercise revealed that he was chargesheeted for some criminal offences under the Sonampura Police Station in West Tripura. A single judge of the Gauhati High Court quashed the termination and a division bench dismissed the appeal filed by the Centre. The High Court had taken the view that the dismissal was illegal as it would cast a permanent stigma on the future of Das. Aggrieved by the High Court's decision, the Centre filed the an appeal in the apex court. Interpreting CRPF rule 14B, the apex court said it was mandatory for a person before joining the force to inform the employer if any criminal case was pending against him. "The finding of the HC that the order of termination of services of the respondent will cast a stigma and could not have been recorded unless the respondent is proceeded in the regular departmental proceedings for the alleged misconduct, in our considered view, cannot be sustained, " the bench observed, upholding the termination.

"Loved reading this piece by Prakash Yedhula?
Join LAWyersClubIndia's network for daily News Updates, Judgment Summaries, Articles, Forum Threads, Online Law Courses, and MUCH MORE!!"

Join our Telegram group

Join our Whatsapp group