Case Note & Summary
The petitioner, Ravindra Ramesh Barkul, was appointed as a Junior Technician with the Maharashtra State Electricity Distribution Company Ltd. He filled an attestation form on 17.07.2007, which contained a warning that furnishing false information or suppression of factual information would be a disqualification and could lead to termination. The form required disclosure under clauses 11(a) and 11(b) regarding arrest, prosecution, detention, conviction, etc. The petitioner suppressed the fact that he had been arrested and prosecuted in a criminal case. Based on this suppression, the respondent issued a notice dated 19.09.2008 proposing to terminate his services. The petitioner filed Complaint (ULP) No.39/2008 before the Labour Court seeking preventive orders, which was dismissed on 05.12.2013. He then filed Revision (ULP) No.81/2013 before the Industrial Court, which was also dismissed on 24.11.2014. Aggrieved, he filed the present writ petition. The High Court, after considering the facts and the principle of suppressio veri or suggestio falsi, held that the suppression of material information in the attestation form justified the termination of service. The court dismissed the writ petition, upholding the decisions of the Labour Court and Industrial Court.
Headnote
A) Service Law - Suppression of Material Facts - Termination - Suppressio veri or suggestio falsi - The petitioner suppressed the fact of his arrest and prosecution in a criminal case while filling the attestation form for appointment as Junior Technician - The Labour Court and Industrial Court dismissed his complaint and revision - Held that suppression of material information in the attestation form justified termination of service (Paras 3-5).
Issue of Consideration
Whether the termination of the petitioner's service for suppression of criminal antecedents in the attestation form was justified.
Final Decision
The writ petition is dismissed. Rule discharged. No order as to costs.
Law Points
- Suppression of material facts in attestation form
- Termination of service for suppression of criminal antecedents
- Principle of suppressio veri or suggestio falsi
- Duty to disclose pending criminal cases in employment application
