Suppression of Antecedents – Recruitment
Judgment dated 4.5.2026 of the High Court of Bombay, Bench at Nagpur, in Writ Petition No.3509 of 2025 of Pawant Vitthal Rathod Vs. The Registrar (Administration) and another
Suppression of Antecedents – Recruitment
Staff Car Driver in the High Court – Suppression of Pendency of Criminal Case in the Declaration at the time of Recruitment – Termination During Probation
it is well within the prerogative, discretion and domain of the employer to determine whether to retain or dismiss such an employee who has suppressed the facts about pendency of criminal case or conviction or acquittal or arrest. It is a question of credibility and trustworthiness of such an employee who at the initial stage of the employment i.e. while submitting declaration and/or verification not disclosing and/or suppressing material facts of having involved in criminal case. Where employer feels that the employee at the initial stage itself has made false submission and /or not disclosed material facts and / or suppressed the material information, he cannot be continued in service because an employee cannot be relied upon even in future, the employer cannot be forced to continue such an employee
