Case Note & Summary
The present appeal arises from the judgment and order dated 9-10-2003 passed by the learned single Judge in Writ Petition No.7330 of 2002, whereby the learned single Judge set aside the order dated 4-12-2002 passed by the University Tribunal and consequently set aside the order of termination of services of the respondent passed by the appellant-University on 3-9-2002. The respondent joined the appellant-University as an Internal Auditor with effect from 20-6-1996. An advertisement was issued on 6-5-1997 inviting applications for the post of Finance and Accounts Officer. Pursuant to the application of the respondent and after selection process, he was appointed as Finance and Accounts Officer under letter dated 30-7-1997. The respondent accepted the appointment and joined services. Initially, the appointment was on probation. The respondent was required to fill an attestation form, in which he was asked whether any criminal case was pending against him. The respondent answered in the negative, suppressing the fact that a criminal case under Sections 420, 467, 468, 471, 120-B IPC was pending against him. Subsequently, the University came to know about the pending case and issued a show cause notice to the respondent. After considering his reply, the University terminated his services on 3-9-2002 on the ground of suppression of material facts. The respondent challenged the termination before the University Tribunal, which set aside the termination order. The University filed a writ petition before the learned single Judge, who dismissed the petition. Hence, the present letters patent appeal. The Division Bench allowed the appeal, holding that the respondent had suppressed material facts regarding the pending criminal case in the attestation form, which amounted to misconduct and justified termination. The court observed that the employee has a duty to disclose all relevant facts, and non-disclosure vitiates the appointment. The court set aside the orders of the Tribunal and the learned single Judge and upheld the termination order.
Headnote
A) Service Law - Suppression of Material Facts - Attestation Form - Termination - The respondent was appointed as Finance and Accounts Officer on probation. He suppressed the fact of a pending criminal case against him in the attestation form. The University terminated his services on that ground. The University Tribunal and the learned single Judge set aside the termination. The Division Bench held that suppression of material facts regarding pending criminal case amounts to misconduct and justifies termination. The employee has a duty to disclose all relevant facts, and non-disclosure vitiates the appointment. (Paras 1-10) B) Criminal Law - Pending Criminal Case - Disclosure - The respondent had a criminal case pending against him under Sections 420, 467, 468, 471, 120-B IPC. The court held that even if the case was pending, the respondent was bound to disclose it in the attestation form. The fact that the case was pending and not a conviction does not absolve the employee from disclosing it. (Paras 5-8) C) Evidence - Attestation Form - Burden of Proof - The respondent claimed that he had disclosed the pending case orally, but the court found no evidence to support this claim. The burden was on the respondent to prove disclosure, which he failed to discharge. (Para 6)
Issue of Consideration
Whether the termination of the respondent's services by the appellant-University on the ground of suppression of material facts regarding a pending criminal case in the attestation form was justified, and whether the University Tribunal and the learned single Judge erred in setting aside the termination order.
Final Decision
The appeal is allowed. The judgment of the learned single Judge and the order of the University Tribunal are set aside. The termination order dated 3-9-2002 is upheld.
Law Points
- Suppression of material facts in attestation form
- termination of service for non-disclosure of criminal antecedents
- distinction between conviction and pendency of criminal case
- duty of employee to disclose pending criminal cases
- validity of termination order based on suppression of facts
