DURING PROBATION, EMPLOYER CAN TERMINATE SERVICE OF EMPLOYEE WITHOUT NOTICE IF THERE IS SUPPRESSION OF MATERIAL FACTS: SUPREME COURT The Supreme Court recently reiterated that during the probation period of an employee, it is always open for the employer to cancel the candidature or terminate his service without notice, in case of any suppression of material facts or submission of false information by such employee (Rajesh Kumar v. Union of India and Others). The Division Bench of Justices R Subhash Reddy and Hrishikesh Roy was hearing an appeal filed by one Rajesh Kumar against a set of orders passed by the Delhi High Court on April 20 and April 29 in 2008. The Court relied upon its decision in Avatar Singh v. Union of India and Others, wherein it was observed that once verification form requires certain information to be furnished, the declarant is duty bound to furnish it correctly and any suppression of material facts can be ground for termination of service. The Court, therefore, rejected the appeal noting that "before the declaration of probation, on the ground that the appellant has not disclosed particulars of earlier employment, it is always open for the respondents to terminate his temporary service without issuing any notice." Reddy & amp; Reddy Law Firm is having team of advocates and will help you in all Disputes.
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