Suppressing Earlier Criminal Records Will Not Entitle The Employer To Terminate Employee

Termination on Past Criminal Records

On 02.05.2022, Hon’ble Supreme Court of India in the matter of M/s. Pawan Kumar vs. Union of India & another has allowed the appeal filed by the appellant to reinstate the appellant in service on which he was selected according to his participation in reference to the employment notice in 2011.

In Civil Appeal No. 3574 of 2022[1] the appellant had filed against the judgment and order passed by the Division Bench of the High Court of Delhi.

The facts of the case are that the process of selection was initiated by the respondents according to the employment notice no. 1 of 2011 dated 27.02.2011 for filling up the post of Constable in RPF/RPSF. On the date when the application form was filled by the appellant, no such criminal case was either instituted or pending against him, which was disclosed by him at the time of filling his application form. It was unfortunate that a false criminal case came to be registered against him but subsequently, the appellant was acquitted by the Trial Court on 12.08.2011. When the appellant filled the attestation form at a later stage, the appellant stated “No” when asked to disclose whether he has ever been arrested or prosecuted in answer to clauses 12(a) and (b). This was considered to be a suppression of relevant information/submission of false declaration in the verification form. Proceeding on the said premise, the order of discharge came to be passed against the appellant. Aggrieved, the appellant preferred an appeal before the Hon’ble Supreme Court.

Upon hearing the submissions made by both the parties, the Supreme Court of India has held that:

“Regarding the facts of the instant case, at the time of attestation form filled by the appellant, the criminal case was already registered against him but it may be noticed that the alleged victim PW.1 did not support the case of the prosecution and thus the order of clean acquittal came in favour of appellant. Hence, the appeal succeeds and is allowed and therefore the judgment of the Division Bench of the High Court and the order of discharge are hereby quashed and set aside. The respondents are directed to reinstate the appellant in service in the post of constable for which he was selected according to his participation in reference to employment notice.”

[1]https://main.sci.gov.in/supremecourt/2016/2111/2111_2016_13_1501_35448_Judgement_02-May-2022.pdf