DEVENDRA KUMAR versus STATE OF UTTARANCHAL & ORS.

DEVENDRA KUMAR versus STATE OF UTTARANCHAL & ORS.

Suppression of material facts regarding involvement in a criminal case amounts to moral turpitude and is a valid ground for termination of service, even if the employee was ultimately not tried or acquitted. Appointment obtained by misrepresentation or fraud cannot be sustained in law and is voidable at the option of the employer. The purpose of seeking information is to judge the suitability and antecedents, not just the outcome of a criminal case. Courts should not perpetuate fraud by granting relief to those who secured employment by misrepresentation.

Parties
Appellant: Devendra Kumar; Respondents: State of Uttaranchal & Ors.
Jurisdiction
India
Judgment Date
29 July 2013
Procedural Posture
Civil Appeal / Appeal From Division Bench Decision of High Court of Uttaranchal Affirming Dismissal of Writ Petition Against Termination of Service
Outcome
Appeal dismissed
Legal Topics
Termination of Service, Suppression of Material Information, Moral Turpitude, Misrepresentation, Employment Fraud
Service Law Termination of Service Suppression of Material Information Moral Turpitude Misrepresentation Employment Fraud

Case Brief

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Parties

Devendra Kumar

Appellant

State of Uttaranchal & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From Division Bench Decision of High Court of Uttaranchal Affirming Dismissal of Writ Petition Against Termination of Service

Legal Issues

  1. 1 Whether suppression of the fact of pendency of a criminal case justifies termination of service
  2. 2 Whether obtaining appointment by misrepresentation or fraud renders the appointment void or voidable
  3. 3 Whether suppression of material information sought by employer amounts to moral turpitude

Ratio Decidendi

Suppression of material facts regarding involvement in a criminal case amounts to moral turpitude and is a valid ground for termination of service, even if the employee was ultimately not tried or acquitted. Appointment obtained by misrepresentation or fraud cannot be sustained in law and is voidable at the option of the employer. The purpose of seeking information is to judge the suitability and antecedents, not just the outcome of a criminal case. Courts should not perpetuate fraud by granting relief to those who secured employment by misrepresentation.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed