Appointment Can’t Be Denied Citing Suppression Of Material Facts When Employer’s Query Was Vague: Supreme Court

Case: State of West Bengal v. Mitul Kumar Jana

Coram: Justices J.K. Maheshwari and Justice K.V. Vishwanathan

Case No.: CIVIL APPEAL NO. 8510/2011

Court Observation: “In this case, the information sought in verification roll was not specific and vague in nature. The respondent has specifically disclosed the information which was required to be furnished. Considering the subsequent development of the clean acquittal of respondent for the petty offences, it requires consideration objectively by the authority, about the question of fitness, ignoring the issue of surpassing the information.”

“In our view, the issuance of order of appointment is required to be left at the discretion of the employer and the High Court ought not to have taken away the said discretion. Accordingly, we modify the order passed by the High Court.”

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Keywords

Appointment Can’t Be Denied, Appointment Can’t Be Denied Citing Suppression Of Material Facts