After long legal process, Karnataka HC upholds KDSL’s dismissal of employee for concealing his sacking by previous employer

After multiple rounds of litigation over the past 10 years, the High Court of Karnataka has now upheld the action of the Karnataka Soaps and Detergents Ltd (KSDL) in dismissing an employee, who had secured a job by hiding the fact that he was dismissed from service by his earlier employer.

The KDSL had appointed B.R. Cheluvaraj, 47, as a Junior Officer (Production and Maintenance) in June 2014.

Later, on verification of his antecedents by the police, the KSDL came to know that he was dismissed from service in 2011 by Raithara Vyavasayothpanna Maraata Sahakara Sangha Niyamitha, Mandya, his earlier employer, and a criminal case was registered against him in 2010 by his earlier employer on the allegation of misappropriation ₹11 lakh.

Following receipt of the police verification report, the KSDL dismissed him from service in January 2015, as he had not disclosed the fact that he had been dismissed from service, as the condition for appointment included that applicants should not have been dismissed from service.

However, Mr. Cheluvaraj questioned his dismissal by KSDL before the High Court, which set aside the termination and directed the KSDL to take action against him only after holding a proper inquiry.

Then, KSDL appointed an inquiry officer, who in 2016 found that the allegation against him was not established for the reason that Mr. Cheluvaraju had not marked either yes or no for the question about dismissal from service by the past employer.

However, the Managing Director of KSDAL ordered a fresh inquiry through a retired district and sessions judge. Mr. Cheluvaraj challenged the fresh inquiry before the High Court, which in 2018 found fault with the initiation of fresh inquiry without framing fresh articles of charges.

Following this, the KDSL framed fresh articles of charges against him and entrusted fresh enquiry to a retired district and sessions judge, who in April 2019 gave report that charges against him were proved and the KSDL in May 2019 terminated him from service.

Mr. Cheluvaraj challenged his termination again before the High Court and a single judge of the court in February 2025 upheld his termination for concealing information about dismissal from service by earlier employer and he had filed an appeal against this verdict before a division bench.

The division bench comprising Chief Justice Vibhu Bakhru and Justice Ramachandra D. Huddar, in its August 13 judgement, has upheld his termination while pointing out that it was mandatory for him to disclose in his application that he was dismissed from service.