'Question Of Credibility & Trust': Punjab & Haryana HC Says Employer Can't Be Compelled To Hire Employee Who Deliberately Suppresses Factum Of Arrest

Punjab and Haryana High Court on April 25, 2022, while dealing with an appeal against the order of the Trial Court regarding the action of the respondents denying appointment to the petitioner for the post of Constable on the ground that he had suppressed material information regarding his arrest, reiterated that employer cannot be forced to continue with an employee who has made a false statement or has deliberately not disclosed the material facts. The bench comprising Chief Justice Ravi Shanker Jha and Justice Arun Palli reiterated the law laid down by the Supreme Court in this regard and held that the question in such cases is not whether an employee was involved in a dispute of trivial nature and whether he has been subsequently acquitted or not. The question is about credibility and trustworthiness. In the circumstances, we find no illegality or infirmity in the impugned order passed by the learned single Judge specifically in view of the law laid down by the Hon'ble Supreme Court in Rajasthan Rajya Vidyut Prasaran Nigam Limited and another v. Anil Kanwaria, (2021)10 SCC 136, wherein the law in this regard has been extensively discussed, including the decision in Devender Kumar v. State of Uttaranchal, (2013) 9 SCC 363, and it has been held that the question in such cases is not as to whether an employee was involved in a dispute of trivial nature and whether he has been subsequently acquitted or not. The question on the contrary is about the credibility and trustworthiness of such an employee who at the initial stage of the employment has made a false declaration and/or not disclosed material fact of being involved in a criminal case or of being arrested as is the factual situation in the present case. Rejecting the contention of the appellant that he was not directly involved in the criminal case and the same did not involve any moral turpitude, the court held that the appellant in the present case had not just suppressed the material information regarding his arrest but also given a false statement to the effect in the verification form. Court further added that it is a question of loss of trust therefore, such an employee who at the initial stage of his service made a false statement or has deliberately concealed the material facts cannot be appointed or continued in service. It is a question of loss of trust and, therefore, in such a situation where an employer feels that an employee, who at the initial stage of his service itself, has made a false statement or has deliberately not disclosed the material facts when asked to do so cannot be appointed or continued in service because such an employee cannot be relied upon even in future. Relying on the law laid down by catena of judgments by the Hon'ble Supreme Court in this regard, Court held that a person who has made a false statement or has deliberately concealed the material facts whenever he was asked to reveal such information cannot claim appointment and/or continuance of service as a matter of right. It has been categorically held by the Hon'ble Supreme Court that in such a situation, and the law laid down in a catena of decisions, such a person cannot claim appointment and/or continuance of service as a matter of right. Subsequently, the said decision has been followed by the Hon'ble Supreme Court in Government of NCT of Delhi & Ors. v. Bheem Singh Meena (Civil Appeal No.2599 of 2022, dated 31.03.2022). In view of the aforesaid law laid down by the Supreme Court, the High Court dismissed the petition finding it sans merit.Case Title : Abhishek Goyat v State of Haryana and anotherCitation: 2022 LiveLaw (PH) 89 Click Here To Read/Download Order

'Question Of Credibility & Trust': Punjab & Haryana HC Says Employer Can't Be Compelled To Hire Employee Who Deliberately Suppresses Factum Of Arrest

Drishti Yadav

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