Case Brief
Petitioner: Pawan Kumar
Respondent: Union of India & Anr.
Date of Judgement: May 2, 2022
CIVIL APPEAL NO(s). 3574 OF 2022
[Arising out of SLP (Civil) No. 6009 of 2016]
Citation: 2022 SCC OnLine SC 532
Bench / Coram: Hon’ble Justices Ajay Rastogi & C.T. Ravikumar
Statutes Referred:
The Indian Penal Code, 1860
Cases Referred:
Rajasthan Rajya Vidyut Prasaran vs Anil Kanwariya
Avtar Singh vs Union Of India & Ors.
Judgement:
Hon’ble Supreme Court of India has held that the employee is not to be terminated from service for mere suppression of material information about his conviction or acquittal in a criminal case. It is held that mere suppression of material information does not mean that the employer can arbitrarily terminate the employee from service.
“What emerges from the exposition as laid down by this Court is that by mere suppression of material/false information regardless of the fact whether there is a conviction or acquittal has been recorded, the employee/recruit is not to be discharged/terminated axiomatically from service just by a stroke of pen.”
“At the same time, the effect of suppression of material/false information involving in a criminal case, if any, is left for the employer to consider all the relevant facts and circumstances available as to antecedents and keeping in view the objective criteria and the relevant service rules into consideration, while taking appropriate decision regarding continuance/suitability of the employee into service.”
“What being noticed by this Court is that mere suppression of material/false information in a given case does not mean that the employer can arbitrarily discharge/terminate the employee from service.”
Drafted by: Abhijit Mishra