Non-Disclosure of Information Cannot Form The Sole Ground for Employer to Discharge Employee: Calcutta High Court

A single-judge bench of the Calcutta High Court comprising of Justice Raja Basu Chowdhury while deciding a writ petition in the case of Sankar Mandal v. Union of India has held that non-disclosure of information cannot form the sole ground for the competent authority to discharge the employee.

Background of Facts

Sankar Mandal (Petitioner) had successfully participated in a recruitment process for the post of Constable in the Railway Protection Force and was subsequently called for training along with other successful candidates. He was then posted at the 8^th Battalion, Railway Protection Special Force CLW where he completed further practical training. However, on 05.01.2016, he was discharged from enlistment for the post of Constable, inter alia, on the ground that he provided false declaration in the Attestation Form.

It was contended by the Petitioner that the respondents discharged him without considering the order of acquittal passed in the criminal case wherein the Petitioner was co-accused. Further, the Petitioner was only co-accused in connection with a false complaint lodged against him relating to a dispute with his neighbour and on the basis of that the aforesaid criminal case was proceeded with. Therefore, the Petitioner contended that since the charges were trivial in nature, the discharge of service of the Petitioner amounted to a violation of Articles 14 and 19(1)(g) of the Constitution of India.

On the other hand, the Respondent contended that the Petitioner, on the date of filling up the Attestation Form was conscious and aware that a criminal proceeding was pending and as such deliberately and willfully suppressed the fact. Further, the very act of suppression of criminal case pending against the Petitioner while filling up the Form amounted to furnishing false declaration and misrepresentation.

Findings of the Court

The court observed that an employer while passing an order of discharge from service for giving false information may take into consideration the criminal antecedents and has a right to consider continuance of such candidate. However, the court, inter alia, relied on the case of Pawan Kumar v. Union of India & Anr., wherein the Supreme Court held that an employee could not be arbitrarily discharged from service on ground of mere suppression of material or false information. The court further reiterated the holding in the case of Avtar Singh v. Union of India & Ors., wherein the Supreme Court held that “although empanelment creates no right to appointment, there cannot be any arbitrary denial after empanelment as well.”

Further, the court observed that apart from the failure of the petitioner to disclose the relevant information in the Attestation Form, there was no other conduct for which the Petitioner was discharged. Therefore, the court held that non-disclosure of information cannot form the sole ground for the competent authority to discharge the Petitioner by the stroke of a pen.

With the aforementioned observations, the writ petition was allowed.

Case: Sankar Mandal v. Union of India

Case No. WPA 3225/2016

Counsels for the Applicant: Mr. Achin Kumar Majumder

Counsel for the Respondent: Mr. Ajit Choubey

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