Supreme Court: The apex court on Monday ruled that an individual can be terminated from their job if they withhold or give incorrect information about circumstances that could affect their eligibility or fitness for the position. The Supreme court established comprehensive legal guidelines that must be followed, particularly when hiring new members of the police force because public faith in law enforcement is a cornerstone of society’s safety.
The top court ruled that even in situations when the employee has accurately and fairly disclosed information about a resolved criminal case, the employer is still free to assess the candidate’s antecedents and is not in compulsion to hire them.
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An employee’s character and antecedents are evaluated in order to determine whether to hire him, which is why the verification form requires information about prosecution, conviction, etc. from the employee.
Withholding information puts an impact on employee’s character: SC
According to the Supreme Court, the withholding of material facts and providing a false statement in response to questions about prosecution and conviction had an obvious impact on the employee’s character, conduct, and antecedents.
The bench of Justices Surya Kant and JB Pardiwala ruled that, “If it is found that the employee had suppressed or given false information in regard to the matters having a bearing on his fitness or suitability to the post, he can be terminated from service.” The court also stated that the same standards would apply for terminating the employee’s service during the probationary period without conducting any investigation.
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The Supreme Court also outlined broad legal rules that should be applied to the current lawsuit. It further stated that generalisations about the applicants’ youth, job prospects, and age, which lead to the moral condemnation of the defendants’ behaviour, should not enter the court verdict and should be avoided.
Ruled due to a petition filed by two CRPF Personnel
This ruling comes in connection to the petition filed by two CRPF personnels who hid evidence and provided fake information during prosecution questions. The bench also stated that the Court should investigate whether the Authority whose action is being challenged acted in bad faith and whether there is any element of bias in the Authority’s decision.
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