Concealment of Antecedents in Job Application Justifies Termination": Punjab & Haryana High Court Upholds SBI's Decision in Probationary Officer's Dismissal

The Punjab and Haryana High Court, in a recent judgment, has affirmed the termination of a probationary officer from the State Bank of India (SBI) for concealing his criminal antecedents in his job application. The court emphasized the necessity for truthfulness and full disclosure in applications, especially for positions that demand high integrity and trust.

The petitioner, who joined SBI as a Probationary Officer, was terminated after it was discovered that he had concealed his involvement in various criminal cases at the time of his application and subsequent interviews. The petitioner argued that he had either been acquitted or the cases were of a trivial nature not warranting disclosure. The key issue was whether concealment of criminal antecedents, irrespective of their nature, justifies termination from service.

Justice Jagmohan Bansal, assessing the case, referred to the Supreme Court's directives in Avtar Singh v. Union of India and Satish Chandra Yadav v. Union of India. The Court observed, "In case of deliberate suppression of fact, an employer may pass appropriate order cancelling candidature or terminating services." It was found that the petitioner was aware of his pending cases and deliberately chose not to disclose them. Justice Bansal noted, “The act of the petitioner comes in the teeth of afore-cited judgments of the Apex Court.”

The judgment was primarily based on the principles laid down in Avtar Singh and Satish Chandra Yadav cases, which stress the importance of full disclosure of criminal antecedents in job applications, especially in roles demanding high moral and ethical standards. The Court highlighted that even in cases of acquittal, the employer has the right to consider the candidate’s antecedents.

The High Court dismissed the petition and upheld the termination of the petitioner by the SBI, citing the deliberate concealment of his criminal cases during the application process.

Date of Decision: 02.02.2024

Kuldeep Vs. State Bank of India and another