Mere Suppression of Information About Criminal Does Not Mean That Employer Can Arbitrarily Terminate Employee From Service: Supreme Court

The top court stated while hearing a case that the mere suppression of an individual's acquittal or conviction cannot be used as a reason for an employer to terminate an employee from his or her services.

Many times, it is found that the information is inaccurate or that the charges were made up against a person. As a result, no employer has the right to terminate an employee until everything can be proven in court and the person is legally declared guilty.

The court also stated that when an employee joins a new job, he or she should provide all relevant facts to the employer. Employees who give false information to their employers or omit essential facts purposely about their legal disputes lose their legal right to seek an appointment or continuity in employment.

Pawan Kumar filed a petition in the Supreme Court contesting the Delhi high court's judgment in the matter of Avtar Singh vs. Union of India. The high court approved Pawan Kumar's termination while he was undergoing his constable training. The reason behind this termination was the petitioner omitted information about the FIR filed against him when filling out the form.

The honorable judicial bench noted after reviewing the case that the FIR was recorded once the form was submitted. Furthermore, the claim leveled against the petitioner did not involve moral turpitude, and the character of the case was also unsuitable, so the petitioner got acquitted.

According to the court, the authorities, in this case, acted mechanically and did not take account of the facts before dismissing the candidate, which is not fundamentally correct.

As a result, the Supreme Court overturned the Delhi High Court's verdict and ordered the petitioner's reinstatement into the service.