Employer is not entitled to terminate employee summarily on ground of suppression of material facts: Bombay HC

Employer is not entitled to terminate employee summarily on ground of suppression of material facts: Bombay HC

Bombay High Court in Buddeshwar S/o Babulal Lilhare vs. Maharashtra State Electricity Distribution Company &Ors [Writ Petition No. 4925 of 2019],on April 29, 2023,  observed that the decision of terminating employment of the employee on the ground that he suppressed the pendency of a singular criminal prosecution cannot be accepted. While delivering the said judgement, the Court placed reliance on the principle culled out from the Supreme Court judgement that verification of character and antecedents is an important criterion to assess suitability, the ultimate action should be based upon objective criteria on due consideration of all relevant aspects and while an employee who suppressed material information cannot claim unfettered right for continuity in service, he has a right not to be dealt with arbitrarily.

Also read: Termination for misconduct without enquiry is invalid: Delhi HC

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November 2024

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