Chennai: Holding that suppression of fact is a gross misconduct especially in service matters, the Madras high court has upheld an order of Union Bank of India dismissing an employee from service for suppressing his original educational qualification while seeking employment.
A division bench comprising Justices Huluvadi G. Ramesh and S. Vaidyanathan dismissed an appeal filed by the employee P. Sudalaimuthu, challenging an order of the single judge, rejecting his plea against the order of the bank, dismissing him from service.
Sudalaimuthu, belonging to Hindu Kuravan community, a scheduled caste, applied to the post of part-time housekeeper in the bank by enclosing necessary community and school certificates claiming that he had passed only fifth standard.
The minimum educational qualification for the post of House Keeper was a second standard pass or eight standard fail. He was appointed in August 2008.
Subsequently, the bank called for application for the post of peon/hamal. He also applied to the post by declaring that he had passed eight standard. Finding discrepancy in his educational qualification, the bank conducted an enquiry and passed an order of dismissal of service against him.
Sudalaimuthu submitted that since a pass in second standard was the basic educational qualification, out of sheer innocence, he had thought that a declaration of pass in fifth standard would get him employment and that he had no willful intention to suppress or conceal the factum of his pass in eight standard.
The bench said when a company prescribes a specific qualification for a specific post, the candidate who applies for the post must strictly adhere to the conditions.
Sudalaimuthu, knowing very well that the post of part-time House keeper, at the most requires an eight standard fail, concealed his eight standard pass and applied for the said post that he had passed only fifth standard and also produced his transfer certificate to that effect, the bench added.
Granting any benefit to the appellant would be violative of the doctrine of equality, a backbone of the fundamental rights under the Constitution, the bench said.
