LI Network
Published on: 28 January, 2024 at 00:30 IST
The Allahabad High Court recently affirmed that any candidate seeking employment is obligated to disclose accurate information regarding their criminal history.
The Court emphasized that suppressing or providing false information can lead to the cancellation of candidature or dismissal from service. This ruling stems from a case in which a candidate failed to correct an error in his application form for several months and only disclosed the pendency of a criminal case when asked to provide an affidavit.
The Court relied on the Supreme Court’s decision in Avtar Singh vs. Union of India and others, which outlined guidelines for verifying information disclosed by candidates to employers.
The apex Court emphasized that information about convictions, acquittals, arrests, or pending criminal cases must be accurate, with no suppression or false statements.
The Court also considered special circumstances while deciding on the cancellation of candidature or termination of services.
The Allahabad High Court further referred to the Supreme Court’s judgment in Rajasthan Rajya Vidhut Prasaran Nigam Limited vs. Anil Kanwaria, highlighting that the suppression of information regarding convictions or criminal proceedings disqualifies a person seeking employment, even if subsequently acquitted.
In the case at hand, the appellant, who applied for a position in the Allahabad High Court, initially marked “No” in response to whether any criminal complaint had been registered against him.
Despite an opportunity to correct this information, the appellant failed to do so for 10 months. Only when asked to provide an affidavit did he disclose the pendency of a criminal case.
The Court upheld the cancellation of the candidate’s candidature, emphasizing that he deliberately concealed the information and failed to demonstrate any special circumstances in his favor.
The court’s decision reinforces the importance of transparency and honesty in the employment application process, particularly regarding criminal history, and underscores the repercussions for candidates who suppress or provide false information.
Case Title: Chandrajeet Kumar Gond v. High Court Of Judicature At Allahabad And Another [SPECIAL APPEAL No. – 777 of 2023]
