Can cancel employment if material facts suppressed: HC

Bombay High Court has held that if a person withholds facts from a prospective employer,s/he cannot as a matter of right claim the job.

Written by Press Trust Of India | Mumbai | Updated: April 17, 2014 12:29 pm

Bombay High Court (HC) has held that if a person withholds facts from a prospective employer,s/he cannot as a matter of right claim the job.

An employer,upon learning that an applicant for a job had suppressed information about his conviction in a criminal case involving moral turpitude,can cancel the appointment of such person to the post,observed justices B P Dharmadhikari and P B Varale in a recent order.

“Before issuing an appointment order,the employer has got more power and can control entry of any person in service. Use of that power by employer bank in present facts is neither arbitrary nor perverse,” the judges observed.

The bench was hearing a petition by Amit Mohod of Amravati challenging a decision of Bank of India to cancel his candidature for a clerk post under provisions of section 10(1)(b)(i) of Banking Regulations Act as he had suppressed information about his conviction in a theft case. Mohod and his friend Rahul were found guilty of stealing a motorcycle in 2003. However,the court released them under Probation of Offenders Act on bond of good conduct.

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