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2021 Supreme(SC) 500

M.R.SHAH, A.S.BOPANNA
Rajasthan Rajya Vidyut Prasaran Nigam Limited – Appellant
Versus
Anil Kanwariya – Respondent


Advocates appeared:
For the Petitioner(s):Manish Singhvi, Sandeep Kumar Jha, Advocates
For the Respondent(s):Navin Prakash, Advocates

Judgement Key Points

The provided legal document primarily discusses issues related to employment, appointment procedures, false declarations, concealment of material facts, and the consequences of obtaining employment through fraud or misrepresentation. It emphasizes that an employee who has obtained appointment by suppressing material facts or filing false declarations cannot claim a right to continue in service, and such conduct affects the credibility and trustworthiness of the employee.

Regarding the concept of a "stigmatic order," although the document does not explicitly define or directly address this term, it is generally understood in legal context as an order that has a permanent and adverse impact on a person's reputation, character, or moral standing, often resulting from a criminal conviction or moral turpitude. Such an order tends to stigmatize the individual, making it difficult for them to be reinstated or to claim certain rights, especially in employment or public service contexts.

In the context of the document, the principles suggest that if an employee's conduct or conviction is considered stigmatic—implying moral turpitude or a breach of integrity—this would significantly influence the employer's decision to continue employment. The emphasis on false declarations, concealment of criminal involvement, and the importance of trustworthiness aligns with the idea that a stigmatic order would reinforce the grounds for termination or denial of employment rights. The order's nature—whether stigmatic or not—affects the employee's ability to claim protection or reinstatement, with a stigmatic order likely serving as a basis for adverse employment actions.

In summary, while the document does not explicitly discuss "stigmatic orders," the underlying principles relate to the impact such an order would have on an individual's employment status, emphasizing that conduct leading to a stigmatic order—such as moral turpitude or serious misconduct—justifies employer actions like termination and precludes the employee from asserting a right to continued employment as a matter of right.


JUDGMENT :

M.R. SHAH, J.

1. Leave granted.

2. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 05.09.2019 passed by the High Court of Judicature for Rajasthan, Bench at Jaipur in D.B. Special Appeal Writ No. 560/2019, as well as the order dated 05.12.2019 passed in D.B. Review Petition (Writ) No. 250/2019, by which the Division Bench of the High Court has dismissed the said appeal and has confirmed the judgment and order passed by the learned Single Judge dated 23.01.2019 by which the learned Single Judge allowed the said writ petition preferred by the respondent herein and quashed and set aside the order of termination terminating the services of the respondent-employee herein-original writ petitioner on the ground of suppression of material facts of conviction and penalty at the time of applying for the post in 2013 and also submitting a false declaration at the time of documents verification on 14.04.2015, the employer-Rajasthan Rajya Vidyut Prasaran Nigam Limited and another have preferred the present appeal.

3. That the appellants herein invited applications for the post of Technical Helper by issuing advertisement in the month of October, 2013. Pursua

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