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IN THE HIGH COURT OF ORISSA AT CUTTACK
ADITYA KUMAR MOHAPATRA
P. Rajesh Reddy – Appellant
Versus
State Of Odisha – Respondent
| Table of Content |
|---|
| 1. outline of petitioner’s background and discharge order. (Para 1 , 2 , 3 , 4 , 5) |
| 2. petitioner argues innocence and challenges discharge. (Para 6 , 7 , 8 , 9 , 10) |
| 3. state defends discharge based on suppression of facts. (Para 11 , 12 , 13) |
| 4. court observes process violations and lack of hearing. (Para 14 , 15 , 16 , 17) |
| 5. court analyzes suppression claims and burden of proof. (Para 18 , 19 , 20) |
| 6. court cites precedents on suppression and rights. (Para 21 , 22 , 23) |
| 7. quashes discharge order; supports reinstatement of petitioner. (Para 24) |
| 8. conclusion and directive for petitioner’s reinstatement. (Para 25) |
JUDGMENT :
A.K. Mohapatra, J.
1. The present writ application has been filed by the abovenamed petitioner with a prayer to quash order of discharge of the petitioner dated 02.02.2024 under Annexure-9 to the writ application by the Opposite Party No.4 as well as the order of rejection of his representation vide letter dated 18.07.2024 under Annexure-12 to the writ application. Further, a prayer has also been made for a direction to the Opposite Party Nos. 4 and 5 to reinstate the petitioner in his former post of Warder, fixation of salary of the petitioner and to
Discharge without inquiry violated Article 311(2) of the Constitution, highlighting the need for opportunity to defend against allegations of suppression of material facts.
Employers must consider the factum of acquittal and special circumstances of the case when making employment decisions based on criminal antecedents.
An employee who suppresses material information or gives false information cannot claim a right to continue in service.
The main legal point established in the judgment is that the failure to furnish complete particulars in an attestation form, without dishonest motive, does not constitute deliberate suppression of fa....
Suppression of material information in employment forms can justify cancellation of candidature, and subsequent acquittal may not warrant consideration for selection/appointment, especially in cases ....
Point of Law : High Court, as a Court of record, has a duty to itself to keep all the records correctly and in accordance with law.
Mere suppression of material/false information in a given case does not mean that the employer can arbitrarily discharge/terminate the employee from service.
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