S. B. Majmudar, J. - (1.) In this appeal by special leave the appellant-Bank has brought in challenge the judgment and order rendered by learned single Judge of the High Court of Judicature at Allahabad dismissing the appellant's writ petition against an order passed by the Presiding Officer, Central Government Industrial Tribunal-cum-Labour Court, ordering reinstatement of the respondent No. 2 (hereinafter to be referred to as the respondent) with continuity of service but without back wages.
(2.) A few facts leading to this appeal deserve to be noted at the outset for highlighting the grievance of the appellant-management in the present proceedings.
(3.) The respondent-workman was selected for the post of Cash Collector which was a clerical post in a Branch of the appellant-Bank at Rampur, U.P. on 13-6-1977. This appointment was given to the respondent in the light of his application dated 20-5-1977. In the application form at Column 27 a query was mentioned to be answered by the applicant as to whether the applicant has ever been prosecuted at any time. The respondent replied to the said query in the negative. While giving joining report in the prescribed form at Column 27 the respondent gave the same answer. It subsequently transpired that a First Information Report was already lodged against the respondent for an offence under Section 307 of the Indian Penal Code along with two other accused persons on 10-4-1976 at P.S. Prem Nagar, Bareilly on the basis of which after investigation a charge-sheet was submitted against him. Later on, a Judicial Magistrate had directed committal of the respondent and other two persons to the Court of Session for trial on 15-12-1976. It is the case of the appellant-Bank that when the respondent applied for service on 20-5-1977 and gave a reply to query at Column 27 he was already committed to the Court of Session for trial and that he suppressed these facts and he gave a false reply that he was not prosecuted at any time. It is the further case of the appellant that the Sessions Court by its judgment and order dated 20-2-1979 convicted the respondent and sentenced him to undergo rigorous imprisonment for three-years. After the said conviction was obtained by the prosecution against the respondent, the appellant-management gave a show cause notice to the respondent on 26-2-1980 wherein it was mentioned that in Column 27 of the application form the respondent had answered the question regarding his ever been prosecuted in the negative and it was brought to the notice of the Management that the said reply was false inasmuch as on 20-5-1977 the date on which he applied for the post of Cash Collector, prosecution under Section 307 of the Indian Penal Code was pending against him in the Court of Additional Sessions Judge, VIIIth Court, Bareilly and by his order dated 19/20-2-1979, Additional Sessions Judge convicted him for the said offence and that it was clear from the said facts that he concealed about the prosecution pending against him with the intention to secure employment in the Bank and with full knowledge that had he disclosed the true facts, the Bank would not have appointed him on the post of Cash Collector. He was therefore, called upon to show cause within 15 days from the date of receipt of the said notice why his services should not be terminated forthwith as he had obtained employment in the Bank by making a false representation as aforesaid.;