Case Law
Subject : Legal News - Employment Law
New Delhi, March 25, 2025
– In a significant ruling for employee rights, the Delhi High Court has upheld the reinstatement of a Delhi Transport Corporation (DTC) driver who was terminated for not disclosing a pending criminal case in his Character Verification Report (CVR). The Division Bench, comprising Justice
C. Hari Shankar
and Justice
Ajay Digpaul
, dismissed an appeal filed by DTC, affirming the Labour Court and Single Judge's decisions in favor of the driver,
DTC argued that non-disclosure of the criminal case constituted suppression of material facts and justified termination. They cited Supreme Court judgments like Satish Chandra Yadav v UOI (2023), asserting that suppression itself amounts to moral turpitude.
Representing
The High Court concurred with the respondent’s arguments, emphasizing the principles laid down in
The judgment extensively discussed the Supreme Court's stance in
The bench underscored the Supreme Court's view in
The High Court quoted extensively from
> "Each case will turn on the special facts and circumstances. We have endeavoured to analyse the applicable precedents and have followed those line of cases, which have a striking similarity to the facts at hand... Is it a hard and fast and a cut and dried rule that, in all circumstances, non-disclosure of a criminal case (in which the candidate is acquitted) in the verification form is fatal for the candidate’s employment? We think not and it ought not to be so too. Fortunately, we have a judicial chorus supporting our view."
The Court further highlighted the factors laid down in
> "The nature of the office, the timing and nature of the criminal case; the overall consideration of the judgment of acquittal; the nature of the query in the application/verification form; the contents of the character verification reports; the socioeconomic strata of the individual applying; the other antecedents of the candidate; the nature of consideration and the contents of the cancellation/termination order are some of the crucial aspects which should enter the judicial verdict..."
Ultimately, the Delhi High Court dismissed DTC's appeal and upheld the Labour Court’s award, directing reinstatement of
This judgment reinforces the principle that employers must adopt a balanced and nuanced approach when dealing with non-disclosure of past criminal cases. Automatic termination without considering the nature of the offense, its relevance to the job, and the specific circumstances of the case is not permissible under the law. The ruling emphasizes the importance of holistic assessment and adherence to the guidelines laid down by the Supreme Court in
#EmploymentLaw #ServiceLaw #Disclosure #DelhiHighCourt
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