Dismissal justified for obtaining employment by misrepresenting the educational qualification. - The Industrial Disputes Act, 1947
Advertisement was issued by the Bank for the post of House- keeper-cum-peon, requiring that a candidate should have passed Class X but should not have passed Class XII examination. Appellant filed affidavit that the he has not passed Class XII. After appointment of the appellant evidence come on record that he had already passed intermediate. Having conducting enquiry, appellant was dismissed from service. Appellant challenged the dismissal order by filing writ petition but failed. The appellant further challenged the order passed by the Learned Single Judge in writ appeal. The Division Bench dismissed the appeal holding that when a candidate makes misrepresentation for obtaining service/job fraudulently by suppressing his actual qualifications, supporting by an affidavit, it would be a grave and serious misconduct of moral turpitude justifying his dismissal from service.
-Abhishek Chaturuedi vs. Union of India through Secy, and 4 Others. 2017 LLR 816 (All. HC.)
The Industrial Dispute Act, 1947
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