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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
HARPREET SINGH BRAR
Bhura Singh Through His Lrs. – Appellant
Versus
FCI – Respondent
JUDGMENT :
Harpreet Singh Brar, J.
The appellant through instant second appeal is seeking setting aside of judgment and decree dated 08.02.2005 passed by learned Civil Judge (Sr. Div.), Mansa, dismissing the suit filed by the appellant for declaration to the effect that impugned order dated 24/25.06.2003 passed by District Manager, FCI-FSD on the basis of police report dated 01.03.2002, terminating his service with immediate effect under clause 14 of H.Qrs. Letter No.IR-(L) 18(20)/94 Vol.II dated 18.02.1997 is illegal and against the service rules and with consequential relief of mandatory injunction directing the respondents-defendants to withdraw the order of termination and reinstate the appellant-plaintiff with benefits, from the date of termination till the date of actual payment of arrears. At the same time, prayer is also made in the instant second appeal for setting aside the judgment and decree dated 20.08.2005 passed by learned Additional District Judge, Mansa vide which the first appeal filed by the present appellant was dismissed.2. Case of the appellant before the learned trial Court was that he was appointed to the post of worker/employee/employee handling labourer in t
Appointment obtained by suppressing material fact and filing false declaration – Choice/option whether to continue or not to continue such an employee always must be given to employer. Such an employ....
Suppression of trivial motor accident case pending at attestation does not justify termination for GDS post post-acquittal; employer discretion requires considering suitability.
Probationary employees may be terminated for violating appointment terms, including misrepresenting criminal history, without requiring formal procedural safeguards.
False declarations regarding criminal cases during employment applications justify termination, regardless of subsequent acquittals.
The importance of adhering to the principles of natural justice and giving an opportunity to explain non-disclosure before termination.
Where conviction has been recorded in case which is not trivial in nature, employer may cancel candidature or terminate services of employee.
Trivial offenses post-acquittal do not automatically render a candidate unfit for employment, allowing discretion in public employment decisions.
Where conviction has been recorded in case which is not trivial in nature, employer may cancel candidature or terminate services of the employee.
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