IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.SURESH KUMAR, V.LAKSHMINARAYANAN
State Bank of India, Mumbai – Appellant
Versus
S. Kalavathi – Respondent
| Table of Content |
|---|
| 1. employment recruitment process details. (Para 3 , 4 , 5 , 6 , 7) |
| 2. arguments regarding appointment termination. (Para 10 , 11 , 12 , 15) |
| 3. court's reasoning on process and fairness. (Para 18 , 19 , 24 , 40) |
| 4. indications of legal precedents and their application. (Para 22 , 25 , 36 , 39) |
| 5. dismissal of appeal due to lack of merit. (Para 60) |
JUDGMENT :
V. LAKSHMINARAYANAN, J.
The present appeal arises against the order of the learned Single Judge of this Court in W.P.No.650 of 2022 dated 09.04.2025.
2. The appellants are the respondents before the writ court. For the sake of convenience, the parties shall be referred to as per their ranks in the writ petition.
3. The writ petitioner applied pursuant to a recruitment notification issued by the respondents on 27.07.2020. The petitioner was called upon to take up a written examination and also an interview. The petitioner was successful in both the examinations and was issued an order of appointment on 12.03.2021. A joining order was issued by the respondents calling upon the petitioner to join in the Chennai Circle as a Circle Based Officer on 21.06.2021. The petitioner was kept on six months’ probation.
4. On 19.08.2021,
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Termination of service based on unsubstantiated claims against previous employment violated natural justice; failure to conduct a fair enquiry prior to dismissal rendered the termination unlawful.
Where conviction has been recorded in case which is not trivial in nature, employer may cancel candidature or terminate services of the employee.
Suppression of material facts regarding pending criminal cases has a clear bearing on the character, conduct, and antecedents of the employee, and can lead to termination of services.
Discharge without inquiry violated Article 311(2) of the Constitution, highlighting the need for opportunity to defend against allegations of suppression of material facts.
An employee who suppresses material information or gives false information cannot claim a right to continue in service.
(1) Appointment – An employee in uniformed service presupposes a higher level of integrity as such a person is expected to uphold law and on the contrary any act in deceit and subterfuge cannot be to....
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