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Supreme Court of India 2021-09-17 allowed

Rajasthan Rajya Vidyut Prasaran Nigam Limited and another vs Anil Kanwariya

Bench: 2 — M.R. Shah

In Brief

An employee of Rajasthan Rajya Vidyut Prasaran Nigam Limited obtained appointment by suppressing a criminal conviction and filing false declarations that he had no criminal cases pending. After police verification revealed the conviction, the employer terminated his services. The High Court quashed the termination, relying on the Probation of Offenders Act benefit later granted. The Supreme Court held that an employer can terminate an employee for obtaining appointment by dishonest means and cannot be forced to retain someone who demonstrated untrustworthiness at the recruitment stage. The Court found that suppression of facts and false declarations destroyed the trust foundation of employment, justifying termination regardless of subsequent legal benefits.

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Administrative Law Employment Law Probation of Offenders Act Suppression of Material Facts Fraud in Appointment

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