Mere Suppression of False Info Doesn't Mean Employer Can Arbitrarily Terminate Employee: Supreme Court

Mere suppression of material or false information in a given case does not mean that the employer can arbitrarily discharge/terminate the employee from service, the Supreme Court has said. “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,” the bench said. The apex court said at the time of the attestation form filled by the appellant, the criminal case was already registered against him but it may be noticed that at the very threshold, the complainant filed his affidavit that the complaint on which FIR came to be registered was due to misunderstanding. “In our considered view the order of discharge passed by the competent authority dated 24th April 2015 is not sustainable and in sequel thereto the judgement passed by the Division Bench of High Court of Delhi does not hold good and deserves to be set aside,” the bench said.