Discovering False Documents After 23 Years: Can Termination Still Be Pursued?

Friends,

An employee was found to have been appointed based on the production of false documents after 23 years of his appointment. Whether disciplinary action followed by termination could be pursued. May I have judgments on such cases?

I have a personal opinion that he has now become unemployable. In that case, whether any leniency has been shown by the courts?

Thanks,

Thiagaraju

At the outset, I would like to clarify that initiating disciplinary action is not dependent on whether he is employable or unemployable. Generally, disciplinary action should be initiated immediately. For example, one cannot initiate action for theft, absenteeism, or misbehavior that occurred 23 years ago, or even for misconducts committed six months or one year ago.

However, providing false information at the time of joining warrants action irrespective of the time passed.

Degree of Punishment or Action

The degree of punishment or action could vary depending on the nature of the information:

1. If it relates to age, then the retirement date could be modified. Reference can be made to many judgments relating to Government employees.

2. If it relates to the address, it may have no bearing on the job, and action is not warranted.

3. If it relates to qualifications, and if fudged documents have been produced to mislead the organization about qualifications, the management can take a serious view and terminate his employment.

I am not aware of any judgments on this subject. However, I have read a few judgments regarding Government employees providing false community certificates to obtain employment in reserved quotas. Please remember that providing a false certificate to secure a job in a reserved quota is a criminal offense, and the individual can be incarcerated.

Falsifying any document is a criminal offense. The management can refer the matter to the concerned department, which can then take criminal action. If the individual is found guilty, imprisonment may result, and the management would have no option but to terminate his services.

Considerations Before Initiating Action

Before initiating action, consider:

1. Under what circumstances the false information was provided.
2. Whether it has affected his contributions.
3. Whether the company has suffered any losses due to the false information.
4. Whether it has impacted the career opportunities of others.

More accurate advice can be provided by more members if exact information is provided.

Agreed that fudging and submission of documents was unethical, illegal, and all of that. However, Sivasankaran's last four points are very important to give the case the subjectivity and objectivity required. Without knowing the nature of the fudging in this case, it would be very difficult for anyone to suggest a course of action. If the indiscretion is minor in nature, and the employee in question has served your organization very well without any other instances of falsification, you could also have disciplinary actions like missed increments, demotion, interdepartmental transfers, etc. However, if it is a case of false community services or suchlike, he/she should be punished as per law.

There are judgments on either side, both in favor and against. The court examines the reason for the delay and determines whose responsibility it was. In cases of joining a new employer, thorough document verification is essential for the employer, and simultaneously, the employee is required to take an oath of allegiance, confirming that all information provided is true to the best of their knowledge.

Court Examination Criteria

The court may further examine:
- Any hidden facts or false information and its implications on the company.
- The length of service time frame.
- The procedures followed before termination.
- The extent of punishment.

Cases Referenced

- Kendriya Vidyalaya Sangathan vs Shanti Acharya Sisingi on 16 November 2010
- Balbinder Singh vs Union Of India (Uoi) And Ors. on 5 July 2006

As an HR manager, what are the implications for the company when an employee presents false documents? What were the circumstances leading to this action? Additionally, how does this situation reflect on the performance and integrity of the employee in question?

It is advisable to consider a punishment less severe than termination to avoid potential legal complications.

Regards,

Shailesh Parikh
Vadodara, Gujarat
[Phone Number Removed For Privacy Reasons]