Employer can cancel employment if material facts suppressed: Bombay High Court

The Bombay High Court has held that if a person withholds fact from his prospective employer about his conviction in a criminal case, he cannot as a matter of right claim the job even though he may have been pardoned or released on bond of good conduct by a Court for the offence.

An employer, upon learning that the applicant for a job had suppressed information about his conviction in a criminal case involving moral turpitude, can cancel the

appointment of such person to the post, observed justices B P Dharmadhikari and P B Varale in a recent order.

"Before issuing an appointment order, the employer has got more power and can control entry of any person in service. Use of that power by employer Bank in present facts is neither arbitrary nor perverse," the judges observed.

The bench was hearing a petition filed by Amit Mohod, a resident of Amravati, challenging decision of Bank of India to cancel his candidature for a Clerk's post under the provisions of section 10(1)(b)(i) of Banking Regulations Act as he had suppressed information about his conviction in a theft case.

Mohod and his friend Rahul were found guilty of stealing a motorcycle in 2003 as they had lifted the two wheeler without the owner's consent and were riding it.

However, the Court, instead of punishing them, released them under the Probation of Offenders Act on bond of good conduct.

The petitioner contended that the Competent Court had given him the benefit of the provisions of the Probation of Offenders Act, 1958, and in view of the provisions of Section 12 thereof, "he cannot be subjected to any disqualification on account of the said disqualification".

The Judges noted, "the petitioner aspired to serve a Bank where the service warrants a confidence of the employer. He has been convicted of theft. The provisions made in Banking Regulation Act, 1958, prohibits a Bank from employing such person."

... contd.

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