Termination valid for suppressing the fact of criminal case while taking up employment: SC

Termination valid for suppressing the fact of criminal case while taking up employment: SC

Supreme Court in Union of India (UOI) and Ors. vs. Dilip Kumar Mallick C.A.No. 2754/2022, observed that information given to the employer by a candidate as to criminal case including the factors of arrest or pendency of the case, whether before or after entering into service, must be true and there should be no suppression or false mention of the required information and non-disclosure of such information by itself may be a ground for an employer to cancel the candidature or to terminate services. The Court further indicated that all cases of suppression of information should not be viewed from the same lens and in case of suppression, when the facts later come to the knowledge of employer, different courses of action may be adopted by the employer depending on the nature of fault as also the nature of default; and that if the case is of trivial nature, like that of shouting slogans at a young age etc., the employer may ignore such suppression of fact or false information depending on the factors as to whether the information, if disclosed, would have rendered incumbent unfit for the post in question.

Also Read: Employer to prove the gainful employment of workman: SC

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August 2022 Issue

HYBRID WORK MODEL - Aug. 2022
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