SC: Mere Suppression of Material Fact Doesn’t Mean Employer can Arbitrarily Terminate Employee

Supreme Court Advocates LAW INSIDER

Shivani Thakur

Published on: May 4, 2022 at 16:08 IST

The Supreme Court ruled that mere suppression of material information doesn’t mean that employer can Arbitrarily Discharge or Terminate an Employee.

A Bench of Justice Ajay Rastogi and Justice Sanjiv Khanna said that the person who suppressed Material Facts can’t seek an appointment but he has the right to not be judged Arbitrarily.

In this Case, the Petitioner was appointed as a constable in Railway Protection Force, however, during training, the petitioner was discharged from service because he did not disclose that an First Information Report under various sections of Indian Penal Code is registered against him.

The High Court noted that the Petitioner has suppressed the Material Fact and affirmed his Dismissal.

Then in appeal, the Supreme Court noted that the Petitioner had got a clean acquittal in the Case and the First Information Report was registered after he had made the application for the job.

After considering the fact that the Petitioner was honorably acquitted in the Case, the Court ordered reinstatement of the Petitioner and allowed the Appeal.

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