No Right of Continuance in Service, If Employee Suppresses Material Fact :SC

In its latest Judgment, the Supreme Court has held that a candidate looses the right to continuance in service if he gives false information or suppresses information from the Employer.

Brief Facts:

The Punjab National Bank held recruitment for the post of the Peon. The qualification for appointment on the said post was High School. It was also provided in the advertisement that candidates having higher qualification will not be qualified for the post of Peon.

The respondent candidate was initially selected and appointed for the post of Peon, but later on, the Bank came to know that he is Graduate; therefore, the Bank cancelled the appointment of the Respondent.

Feeling aggrieved the candidate challenges the cancellation of appointment order before the High Court. The Orissa High Court allowed his Writ Petition and quashed the appointment cancellation order.

Bank being not satisfied with the order of Orissa High Court approaches the Supreme Court.

No Right of Continuance in Service, If Employee Suppresses Material Fact

A Bench of Hon’ble Justice Ashok Bhushan, Hon’ble Justice R. Subhash Reddy and Hon’ble Justice MR Shah has given it Judgment in this case.

The Supreme Court has upheld the order by which his appointment was cancelled. 

Hon’ble Court, while setting aside the order of Orissa High Court observed that the Respondent was overqualified for the advertised post of Peon.

Further, the Court said that merely because the Respondent possesses higher qualification does not mean he cannot be denied appointment on this ground. It has been observed that a candidate loses the right to continuance in service if he gives false information or suppresses information from the Employer.

The Supreme Court has held that deciding relevancy and suitability of the qualifications for any post is in the domain of Employer, not the Courts. Employer prescribes qualification considering the requirement and interest of the establishment. The Court cannot assess the utility of such qualification. But the Employer cannot be allowed to act arbitrarily in fixing minimum qualifications.

Hon’ble Judges added that an employee is required to give true disclosure about his qualification in the application form and any suppression of material information or making a false statement doubts the antecedents and character of the employee.

Once a candidate suppresses information or gives false information, he cannot claim any right of continence in service.

Case Details:

Title: Chief Manager, Punjab National Bank vs Anit Kumar Das 

Case No. Civil Appeal No.3602 Of 2020

Coram: Hon’ble Justice Ashok Bhushan, Hon’ble Justice R. Subhash Reddy and Hon’ble Justice MR Shah

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