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

Post published: August 28, 2023
Post category:Daily Judgments / Supreme Court
Reading time:2 mins read

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.”

State-of-West-Bengal-v.-Mitul-Kumar-Jana-28-August-2 Download

Previous Posts

Test Identification Parade Not Violative Of Article 20(3) Of Constitution; Accused Cannot Refuse To Join TIP: Supreme Court

Dissenting Opinion Of An Arbitrator Cannot Be Treated As An Award If The Majority Award Is Set Aside: Supreme Court

Cheque Case Against Firm’s Partner Can Be Quashed Only On Strong Evidence That He Didn’t Have Any Concern With Issuing Cheque: Supreme Court

‘Great Caution Needed’: Supreme Court Lists Out Factors To Be Considered While Relying On Dying Declarations

Delhi High Court Orders Routine Inspections To Assess Animal Welfare In Preparation Of Anti-Venom And Anti-Rabies Serums

Keywords

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