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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, A.S. Bopanna

In Brief

An electrical utility (RVPN) hired a Technical Helper who obtained the position by concealing a prior conviction for criminal offences under IPC Sections 341 and 323. At verification, the employee falsely declared no criminal convictions. After police verification revealed the truth, the employer terminated his services. The High Court quashed the termination, relying on the employee's subsequent receipt of legal benefit under Section 12 of the Probation of Offenders Act and the minor nature of the original dispute. The Supreme Court held that suppression of material facts and false declarations at the recruitment stage fundamentally breach employer trust. The Court reversed the High Court's decision, restoring termination, emphasizing that employers cannot be forced to retain employees who obtained positions through fraud or misrepresentation.

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Termination of Service Fraud and Misrepresentation in Recruitment Character Verification Criminal Antecedents Probation of Offenders Act Employee Credibility and Trust Administrative Law Employer's Discretion False Declaration

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