AN EMPLOYER CAN TERMINATE AN EMPLOYEE'S SERVICE DURING THE PROBATION PERIOD IN CASE OF ANY SUPPRESSION OF MATERIAL FACTS

The Apex Court re-emphasized that an employer can terminate an employee's service during his probation period without notice in case of any suppression of material facts or submission of incorrect information by such an employee. 

The Court was hearing an appeal filed by Rajesh Kumar against orders passed by the Delhi HC on April 20 and April 29 in 2008.

In 1994, the appellant, Rajesh Kumar, was appointed sub-inspector in the Delhi Police. In 1996, the respondents (the authorities) received a complaint about the appellant that he was a deserter from the Army and was declared an absconder in 1992. 

The Station House Officer of Inderpuri confirmed the complaint and informed that the appellant did not disclose the fact in a form filed by him. In view of the same, the respondents terminated the appellant's services during his probation period. 

The appellant argued that no opportunity was given to present his version and was terminated on the basis of an inquiry conducted behind his back. 

"During the probation period, the employer can always verify the antecedents of the employee. Merely because the SHO verified the antecedents, it cannot be said that authority has conducted a regular inquiry. In the absence of any allegation in the order, the order of termination cannot be said to be an order casting stigma on the appellant," the Court observed.

The Division Bench of Justices R Subhash Reddy and Hrishikesh relied on  Avatar Singh v. Union of India and Others, wherein it was held that the declarant is duty-bound to furnish it correctly, and suppression of material facts can be ground for termination of service.

The bench rejected the appeal. 

Author: Papiha Ghoshal