Advice in case terminated by bank for non disclosure of criminal case.
01-Nov-2023 (In Banking / Finance Law)
Sir, I was terminated by PSU Bank in May 2013 due to non disclosure of pending case at the time of appointment,. I went to High Court and High Court, based on Avtar singh case of Supreme Court issued an order by settling aside the termination order relieing on point (4) (a) of Avtar Singh Case."In a case trivial in nature in which conviction had been recorded, such as shouting slogans at young age or for a petty offence which if disclosed would not have rendered an incumbent unfit for post in question, the employer may, in its discretion, ignore such suppression of fact or false information by condoning the lapse." as my case is trivial (Matrimonial dispute) and it was settled in Lok Adalat in Jan 2013. But, Bank replied that in Avtar Singh Case Point (1) says Information given to the employer by a candidate as to conviction, acquittal etc must be true and hence, we (Bank) are terminating him. It means Bank did not follow the Order to set aside the termination. Now, What should we do
you can difinitely file a contempt case, based on the high court order, to implement the same. since the bank did not challenge the high court order and terminated you, you are eligible for re-appointment.
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