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“14. The issue/question may be considered from another angle, from the
employer's point of view. The question is not about whether an employee was
involved in a dispute of trivial nature and whether he has been subsequently
acquitted or not. The question is about the credibility and/or
trustworthiness of such an employee who at the initial stage of the
employment i.e. while submitting the declaration/verification and/or
applying for a post made false declaration and/or not disclosing and/or
suppressing material fact of having involved in a criminal case. If the
correct facts would have been disclosed, the employer might not have
appointed him. Then the question is of trust. Therefore, in such a situation,
where the employer feels that an employee who at the initial stage itself has
made a false statement and/or not disclosed the material facts and/or
suppressed the material facts and therefore he cannot be continued in service
because such an employee cannot be relied upon even in future, the employer
cannot be forced to continue such an employee. The choice/option whether
to continue or not to continue such an employee always must be given to
the employer. At the cost of repetition, it is observed and as observed
hereinabove in catena of decision such an employee cannot claim the
appointment and/or continue to be in service as a matter of right.”
(emphasis added)