Loss Of Confidence In Employees Handling Funds Justifies Termination: Delhi High Court

The Delhi High Court has held that the doctrine of “loss of confidence” assumes heightened significance in cases involving employees entrusted with financial responsibilities, holding that once such trust is shaken due to proven misconduct, the employer cannot be compelled to continue the relationship.

Justice Shail Jain observed, “The doctrine of loss of confidence assumes particular significance in cases where the employee is entrusted with financial duties. Once such confidence is shaken by proved misconduct involving financial irregularities, the employer cannot be compelled to continue the relationship.”

The bench thus dismissed a writ petition filed by a workman challenging his termination on charges of financial irregularities and misappropriation.

Petitioner, employed as a Sales Clerk with the Delhi State Co-operative Union Ltd., was accused of failing to account for cash receipts over a period of several years. An industrial dispute raised by him culminated in an award by the Industrial Tribunal upholding the termination, which was challenged before the High Court.

At the outset, the Court found that the Tribunal's conclusions were supported by documentary evidence, including internal checking records and the petitioner's own handwritten notings acknowledging discrepancies.

It rejected the plea that such admissions were obtained under coercion and underscored that the misconduct was not an isolated lapse but involved repeated financial irregularities over a period of three years.

“The fact that the Petitioner deposited the misappropriated amounts after detection does not wash away the initial misconduct,” the Court said.

As such, the Court upheld the termination and dismissed the petition.

Appearance: Mr. Anil Singhal, Mr. Abhimanyu Sharma, Advs. along with Petitioner in person; Ms. Anju Bhattacharya, Ms. Nisha R. Chauhan, Mr. Vinod Fulara and Ms. Sakshi Ramola, Adv. for Respondents

Case title: Uma Shankar Sharma v. State

Case no.: W.P.(C) 6999/2002

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