New Delhi: In a significant judgment, the Supreme Court has held that employees cannot suppress vital information as to conviction, acquittal or arrest, or pendency of a criminal case, whether before or after entering into service and employer will have the right to dismiss the employee for suppression of such information.
Giving this ruling on appeal relating to Avtar Singh dismissed from government service, a three-judge Bench of Justices Ranjan Gogoi, Arun Mishra and Prafulla C. Pant said the information furnished must be true and there should be no suppression or false mention of required information.
The fraudulently obtained appointment orders are voidable at the option of employer, however, question has to be determined in the light of the discussion made in this order on impact of suppression or submission of false information.
Writing the judgment Justice Misrha said “while passing order of termination of services or cancellation of candidature for giving false information, the employer may take notice of special circumstances of the case, if any, while giving such information.
The employer shall take into consideration the Government orders/instructions/rules, applicable to the employee, at the time of taking the decision. In case there is suppression or false information of involvement in a criminal case where conviction or acquittal had already been recorded before filling of the application/verification form and such fact later comes to knowledge of employer, any of the following recourse appropriate to the case may be adopted”.
The Bench said in a case trivial in nature in which conviction had been recorded, such as shouting slogans at young age or for a petty offence which if disclosed would not have rendered an incumbent unfit for post in question, the employer may, in its discretion, ignore such suppression of fact or false information by condoning the lapse.
If acquittal had already been recorded in a case involving moral turpitude or offence of heinous/serious nature, on technical ground and it is not a case of clean acquittal, or benefit of reasonable doubt has been given, the employer may consider all relevant facts available as to antecedents, and may take appropriate decision as to the continuance of the employee.
