Bona Fide Mistake, Admitted To Not Knowing Genuineness Of Certificate Submitted During Recruitment: Patna High Court Orders Reinstatement Of Employee

The Patna High Court, while directing for reinstatement of an employee whose services were terminated, has observed that not knowing the genuineness of the certificate at the time of submission during recruitment is a bona fide mistake on his part and not mala fide.

The Court was considering a Petition filed by the employee against termination of his services on the ground that at the time of appointment, he submitted false documents regarding his passing of Class-VIII examination.

The Bench of Justice Arvind Singh Chandel held, "Taking into consideration the fact that the petitioner himself mentioned the fact that the said certificate is obtained by his father and without verifying its genuineness and correctness he submitted the same and further taking into consideration the fact that for appointment of the petitioner on compassionate ground for the post of Class-IV, there was no necessity of his passing of Class-VIII examination. The mistake committed by the petitioner appears to be bona fide and not a mala fide and therefore, it can be condoned."

The Petitioner was represented by Advocate Kundan Kumar Sinha, while the Respondent was represented by Assistant Counsel to Government Pleader Shweta Anand.

Facts of the Case

The father of the Petitioner was working in the post of Assistant in Section Office, who died in harness in 2023. The Petitioner, being his son, applied for his appointment on compassionate grounds as Class-IV employee, which was allowed by the Respondents in 2024. Subsequently, by way of impugned order, services of the Petitioner were terminated on the ground that at the time of submission of his application for his appointment, he submitted a transfer certificate wherein it was mentioned that he had passed the Class-VIII examination.

Reasoning By Court

The Court, at the outset, pointed out that the Respondents have himself admitted the fact that the Petitioner at the time of his appointment on compassionate ground to the post of Class-IV employee was not required to pass examination of Class-VIII.

It further noted that the Petitioner in his show cause had mentioned the fact that the Certificate was obtained by his father, and without verifying the genuineness and correctness of the same, he submitted the same along with his application.

The Court referred to the Supreme Court's decision in Avtar Singh Versus Union of India & Others (2016) wherein it was observed, ".....If information not asked for but is relevant comes to knowledge of the employer the same can be considered in an objective manner while addressing the question of fitness. However, in such cases action cannot be taken on basis of suppression or submitting false information as to a fact which was not even asked for.”

The Court thus concluded that Petitioner cannot be punished with termination of service for a bona fide mistake.

The Petition was thus allowed.

Cause Title: Rakesh Kumar Chaudhary vs. The State of Bihar

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