TMI Blog2016 (7) TMI 1575X X X X Extracts X X X X X X X X Extracts X X X X ..... where disclosure has been made truthfully of required information, then also authority is required to consider and verify fitness for appointment. Whether an employee on probation can be discharged/refused appointment though he has been acquitted of the charge's, if his case was not pending when form was filled, in such matters, employer is bound to consider grounds of acquittal and various other aspects, overall conduct of employee including the accusations which have been levelled? - HELD THAT:- If on verification, the antecedents are otherwise also not found good, and in number of cases incumbent is involved then notwithstanding acquittals in a case/cases, it would be open to the employer to form opinion as to fitness on the basis of material on record. In case offence is petty in nature committed at young age, such as stealing a bread, shouting of slogans or is such which does not involve moral turpitude, cheating, misappropriation etc. or otherwise not a serious or heinous offence and accused has been acquitted in such a case when verification form is filled, employer may ignore lapse of suppression or submitting false information in appropriate cases on due considerat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s to the question of having been criminally prosecuted, arrested or as to pendency of a criminal case. A Division Bench of this Court has expressed the opinion on merits while referring the matter as to the various principles to be borne in mind before granting relief to an aggrieved party. Following is the relevant observation made by a Division Bench of this Court: 29. As noted by us, all the above decisions were rendered by a Division Bench of this Court consisting of two Judges and having bestowed our serious consideration to the issue, we consider that while dealing with such an issue, the Court will have to bear in mind the various cardinal principles before granting any relief to the aggrieved party, namely: 29.1. Fraudulently obtained orders of appointment could be legitimately treated as voidable at the option of the employer or could be recalled by the employer and in such cases merely because the Respondent employee has continued in service for a number of years, on the basis of such fraudulently obtained employment, cannot get any equity in his favour or any estoppel against the employer. 29.2. Verification of the character and antecedents is one of the importa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to find out whether he is suitable for the post of a constable and so long as the candidate has not been acquitted in the criminal case, he cannot be held to be suitable for appointment to the post of constable. 30. When we consider the above principles laid down in the majority of the decisions, the question that looms large before us is when considering such claim by the candidates who deliberately suppressed information at the time of recruitment, can there be different yardsticks applied in the matter of grant of relief. 31. Though there are very many decisions in support of the various points culled out in the above paragraphs, inasmuch as we have noted certain other decisions taking different view of coordinate Benches, we feel it appropriate to refer the abovementioned issues to a larger Bench of this Court for an authoritative pronouncement so that there will be no conflict of views and which will enable the courts to apply the law uniformly while dealing with such issues. 2. This Court while referring the matter had expressed the opinion that in case an appointment order has been secured fraudulently, the appointment is voidable at the option of the employer and t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce in 1972 subject to verification of antecedents and medical fitness. The termination order was passed on the basis of a report made by the Superintendent of Police to the effect that the Respondent was not a fit person to be entertained in Government service, as he had taken part in 'RSS and Jan Sangh activities'. There was no allegation of involvement in subversive activities. It was held that such activities were not likely to affect the integrity of individual's service. To hold otherwise would be to introduce 'McCarthyism' into India which is not healthy to the philosophy of our Constitution. It was observed by this Court that most students and most youngmen who take part in political activities and if they do get involved in some form of agitation or the other, is it to be to their everlasting discredit? Sometimes they feel strongly on injustice and resist. They are sometimes pushed into the forefront by elderly persons who lead and mislead them. Should all these young men be debarred from public employment? Is Government service such a heaven that only angels should seek entry into it? This Court has laid down that the whole business of seeking Police re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he various Rules regulating his conduct and his activities must naturally be subject to all Rules made in conformity with the Constitution. At the same time, this Court has also observed that after entry into Government service, a person has to abide by the service Rules in conformity with the Constitution. 4. A 3-Judge Bench of this Court in T.S. Vasudavan Nair v. Director of Vikram Sarabhai Space Centre and Ors. (1988) Supp SCC 795 had considered a case where the employee had suppressed the fact that during emergency he had been convicted in a case registered under the Defence of India Rules for having shouted slogans on one occasion. This Court has laid down that cancelling the offer of appointment due to such non-disclosure was illegal and the employer was directed to appoint him as a Lower Division Clerk. Thus this Court has taken the view that non-disclosure of aforesaid case was not a material suppression on the basis of which employment could have been denied and the person adjudged unsuitable for being appointed as an LDC. This Court has laid down thus: 2. We have heard learned Counsel for the parties. In the special facts and circumstances of this case we feel th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for getting service in railway as casual labourers, it was strictly not necessary for the Respondents to rely upon such casual service cards. If that was so there was no occasion for them to produce such bogus certificates/service cards for getting employed in railway service. Therefore, it is too late in the day for the Respondents to submit that production of such bogus or forged service cards had not played its role in getting employed in railway service. It was clearly a case of fraud on the Appellant-employer. If once such fraud is detected, the appointment orders themselves which were found to be tainted and vitiated by fraud and acts of cheating on the part of employees, were liable to be recalled and were at least voidable at the option of the employer concerned. This is precisely what has happened in the present case. Once the fraud of the Respondents in getting such employment was detected, the Respondents were proceeded against in departmental enquiries and were called upon to have their say and thereafter have been removed from service. Such orders of removal would amount to recalling of fraudulently obtained erroneous appointment orders which were avoided by the employ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he part of the Respondents. Learned Counsel for the Respondents, however, submitted that these illiterate Respondents were employed as casual labourers years back in 1983 and subsequently they have been given temporary status and, therefore, after passage of such a long time they should not be thrown out of employment. It is difficult to agree with this contention. By mere passage of time a fraudulent practice would not get any sanctity. The Appellant authorities having come to know about the fraud of the Respondents in obtaining employment as casual labourers, started departmental proceedings years back in 1987 and these proceedings have dragged on for a number of years. Earlier, removal orders of the Respondents were set aside by the Central Administrative Tribunal, Madras Bench and proceedings were remanded and after remand, fresh removal orders were passed by the Appellant which have been set aside by the Central Administrative Tribunal, Ernakulam Bench and which are the subject-matter of the present proceedings. Therefore, it cannot be said that the Appellants are estopped from recalling such fraudulently obtained employment orders of the Respondents subject of course to follo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in Delhi Police Services in the year 1989-90 with Roll No. 65790. Though he was found physically fit through endurance test, written test and interview and was selected provisionally, his selection was subject to verification of character and antecedents by the local police. On verification, it was found that his antecedents were such that his appointment to the post of Constable was not found desirable. Accordingly, his name was rejected. Aggrieved by proceedings dated 18-12-1990 culminating in cancellation of his provisional selection, he filed OA in the Central Administrative Tribunal. The Tribunal in the impugned order allowed the application on the ground that since the Respondent had been discharged and/or acquitted of the offence punishable Under Section 304 Indian Penal Code, Under Section 324 read with Section 34 Indian Penal Code and Under Section 324 Indian Penal Code, he cannot be denied the right of appointment to the post under the State. The question is whether the view taken by the Tribunal is correct in law? It is seen that verification of the character and antecedents is one of the important criteria to test whether the selected candidate is suitable to a post und ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as not taken into consideration by the concerned employer. This Court has held that cancellation of the candidature of Dhaval Singh was not appropriate. It was without proper application of mind and without taking into consideration all relevant material. The tribunal has therefore rightly set it aside. This Court has laid down thus: 5. That there was an omission on the part of the Respondent to give information against the relevant column in the Application Form about the pendency of the criminal case, is not in dispute. The Respondent, however, voluntarily conveyed it on 15-11-1995 to the Appellant that he had inadvertently failed to mention in the appropriate column regarding the pendency of the criminal case against him and that his letter may be treated as information . Despite receipt of this communication, the candidature of the Respondent was cancelled. A perusal of the order of the Deputy Commissioner of Police cancelling the candidature on 20-11-1995 shows that the information conveyed by the Respondent on 15-11-1995 was not taken note of. It was obligatory on the part of the Appellant to have considered that application and apply its mind to the stand of the Responde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... conclusion may now be noted. It is true that the Respondent made a wrong statement while replying to Query 27 of the application form that he had not been prosecuted at any time. It is equally true that the Labour Court itself found that giving a false statement should not be deemed to be such a grave misconduct which may be visited with extreme punishment of termination from service. However, it has also to be noted that the Appellant-Management while issuing show-cause notice for the first time on 26-2-1980 has in terms noted in the said notice that not only the criminal proceedings were pending but had ultimately ended in conviction of the Respondent. The Appellant itself thought it fit to await the decision of the criminal case before taking any precipitate action against the Respondent for his misconduct. Thus, according to the Respondent, this suppression was not so grave as to immediately require the Appellant to remove the Respondent from service. On the contrary, in its wisdom, the Appellant thought it fit to await the decision of the criminal proceedings. This may be presumably so because the charge against the Respondent was that he was alleged to have involved himself i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... opinion, the interest of justice will be served by maintaining the order passed by the Labour Court and as confirmed by the High Court subject to a slight modification that the Respondent may be treated to be a fresh recruit from the date when he was exonerated by the High Court, i.e., from 13-1-1988 which can be treated as 1-1-1988 for the sake of convenience. It is ordered accordingly. From 1-1-1988, the Respondent will be treated to have been reinstated into the services of the Bank on the basis that he will be treated as a fresh recruit from that date and will be entitled to be placed at the bottom of the revised scale of pay for Clerks and will also be entitled to other allowances which were available in the cadre of Clerks in the Bank's service. The Respondent will be entitled to back wages with effect from 1-11-1995, i.e., from the date when the Labour Court awarded the reinstatement of the Respondent. It also directed that the Appellant-Bank will work out appropriate back wages payable to the Respondent from 1-11-1995 in the time-scale of Clerks as available from 1-1-1988, treating his services to be continuous from that date and accordingly, working out of his salary a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of material information or making a false statement has a clear bearing on the character and antecedents in relation to his continuance in service. It was also held that mere fact that the case was withdrawn by the State Government was not much material. This Court has discussed the matter thus: 10. The memorandum dated 7-4-1999/8-4-1999 terminating the services of the Respondent refers to columns 12 and 13 of the attestation form, the criminal case registered against the Respondent on the basis of the report given to the Appellants by IG, Police, suppression of material information by the Respondent while submitting attestation form and violating the Clause stipulated under para 9 of the offer of appointment issued to him, OM dated 1-7-1971 of the Cabinet Secretary, Department of Personnel, New Delhi, in which it is clearly mentioned that furnishing of false information or suppression of factual information in the attestation form would be disqualification and is likely to render the candidate unfit for employment under the Government and that as per Clause 4 of the offer of appointment, the Respondent was on probation for a period of two years and that his services were liable ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in service. The employer having regard to the nature of the employment and all other aspects had the discretion to terminate his services, which is made expressly clear in para 9 of the offer of appointment. The purpose of seeking information as per columns 12 and 13 was not to find out either the nature or gravity of the offence or the result of a criminal case ultimately. The information in the said columns was sought with a view to judge the character and antecedents of the Respondent to continue in service or not. The High Court, in our view, has failed to see this aspect of the matter. It went wrong in saying that the criminal case had been subsequently withdrawn and that the offences, in which the Respondent was alleged to have been involved, were also not of serious nature. In the present case the Respondent was to serve as a Physical Education Teacher in Kendriya Vidyalaya. The character, conduct and antecedents of a teacher will have some impact on the minds of the students of impressionable age. The Appellants having considered all the aspects passed the order of dismissal of the Respondent from service. The Tribunal after due consideration rightly recorded a finding of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ered and the discretion so used should not be arbitrary or fanciful. It has to be guided on certain principles for which purpose verification is sought. 10. In Secretary, Department of Home Secy., A.P. and Ors. v. B. Chinnam Naidu (2005) 2 SCC 746, the case pertained to suppression of material information and/or giving false information in the attestation form. In the attestation form the Respondent had not mentioned about his arrest and pendency of a case against him. The tribunal held that the employee had suppressed material information while filling up the attestation form and upheld the order of termination. The High Court set aside the order of the tribunal holding that the employer was not justified in denying appointment to the Respondent. This Court has noted that as per the relevant column of the attestation form the candidate was required to indicate whether he had ever been convicted by a court of law or detained under any State/Central preventive detention laws. He was not required to indicate whether he had been arrested in any case or any case was pending against him. In view of the relevant column in the form it could not be said that the Respondent had made fals ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is pending or whether the applicant had been arrested. In view of the specific language so far as column 12 is concerned the Respondent cannot be found guilty of any suppression. 11. This Court in R. Radhakrishnan v. Director General of Police and Ors. (2008) 1 SCC 660 considered a case where the Appellant intended to obtain appointment in police force. Application for appointment and the verification roll were both in Hindi and also in English. The application was filed for appointment to the post of a Fireman on 5.1.2000. He was involved in the criminal case which occurred on 15.4.2000 Under Section 294(b) Indian Penal Code. He was released on bail and was acquitted of the said charge on 25.9.2000. However his services were dispensed with on the ground of suppression of pendency of the criminal case. This Court upheld the order and had held thus: 10. Indisputably, the Appellant intended to obtain appointment in a uniformed service. The standard expected of a person intended to serve in such a service is different from the one of a person who intended to serve in other services. Application for appointment and the verification roll were both in Hindi as also in English. He, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the attestation form. To our mind, therefore, if an enquiry revealed that the facts given were wrong, the Appellant was at liberty to dispense with the services of the Respondent as the question of any stigma and penal consequences at this stage would not arise. 10. It bears repetition that what has led to the termination of service of the Respondent is not his involvement in the two cases which were then pending, and in which he had been discharged subsequently, but the fact that he had withheld relevant information while filling in the attestation form. We are further of the opinion that an employment as a police officer pre-supposes a higher level of integrity as such a person is expected to uphold the law, and on the contrary, such a service born in deceit and subterfuge cannot be tolerated. The fact remains that this Court in Bipad Bhanjan Gayen (supra), the case in which the offence involved was with respect to commission of rape Under Section 376 and cheating Under Section 417. The case involved moral turpitude, as such suppression was material as that would have clear impact on the antecedents and suitability of an incumbent for being appointed in the service. Thus ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on form? (ii) Whether the termination of the Appellant is valid? x x x x x 18. There are also several other features in this case which distinguish it from Ram Ratan Yadav (2003) 3 SCC 437. First is that Ram Ratan Yadav (supra) related to an employee of Kendriya Vidyalaya Sangathan, who did not have the protection of Article 311 of the Constitution of India, whereas in this case we are concerned with a government servant protected by Article 311. Second is that the attestation form in this case, was required to be furnished by the employee, not when he was appointed, but after fourteen years of service. The third is that while action was promptly taken against the probationer in Ram Ratan Yadav, within the period of probation, in this case even after knowing that the Appellant had furnished wrong information, the Respondents did not take any action for seven long years, which indicated that the Department proceeded for a long time on the assumption that the wrong information did not call for any disciplinary or punitive action. The belated decision to terminate him, seven years later was unjustified and violative of Article 311. 19. If the Appellant had been issued a ch ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... alse information in and around the time of the appointment. Note (1) of the preamble warns that: the furnishing of false information or suppression of any factual information in the attestation form would be a disqualification and is likely to render the candidate unfit for employment. Similarly, the certificate at the end of the attestation form states that: I am not aware of any circumstances which might impair my fitness for employment under the Government. I agree that if the above information is found false or incomplete in any material respect, the appointing authority will have a right to terminate my services without giving notice or showing cause. Be that as it may. x x x x x 25. We have already pointed out that there are clear indications that the Appellant was bona fide under the impression that he was required to give the particulars sought in Column 12 of the form with reference to the date of his appointment. Further, the entire matter relates to an attestation form given in 1994 and the Appellant has already been out of service for more than seven years on account of the illegal termination from service without an inquiry on 7-3-2002. We are therefo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... character unbefitting for a uniformed security service. 15. When an employee or a prospective employee declares in a verification form, answers to the queries relating to character and antecedents, the verification thereof can therefore lead to any of the following consequences: (a) If the declarant has answered the questions in the affirmative and furnished the details of any criminal case (wherein he was convicted or acquitted by giving benefit of doubt for want of evidence), the employer may refuse to offer him employment (or if already employed on probation, discharge him from service), if he is found to be unfit having regard to the nature and gravity of the offence/crime in which he was involved. (b) On the other hand, if the employer finds that the criminal case disclosed by the declarant related to offences which were technical, or of a nature that would not affect the declarant's fitness for employment, or where the declarant had been honourably acquitted and exonerated, the employer may ignore the fact that the declarant had been prosecuted in a criminal case and proceed to appoint him or continue him in employment. (c) Where the declarant has answered th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... expected of the employer is to ensure that the query was clear, specific and unambiguous. Obviously, the employer cannot dismiss/discharge/terminate an employee, for misunderstanding a vague and complex question, and giving a wrong answer. We do hope that CRPF and other uniformed services will use clear and simple questions and avoid any variations between the English and Hindi versions. They may also take note of the fact that the ambiguity and vague questions will lead to hardship and mistakes and make the questions simple, clear and straightforward. Be that as it may. However, on facts this Court held that the employee was not misled and made a false statement. As such CRPF was justified in dispensing with his services for not being truthful in giving material information. 17. In State of West Bengal and Ors. v. SK. Nazrul Islam (2011) 10 SCC 184, there was concealment of fact regarding antecedents in the verification form. Though Nazrul Islam was selected and found medically fit, he concealed the fact that he was involved in a criminal case. A chargesheet was filed and he had been granted bail. The employer did not appoint him as a Constable. The High Court directed that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to behave in as mature a manner as older people. Hence, our approach should be to condone minor indiscretions made by young people rather than to brand them as criminals for the rest of their lives. 9. In this connection, we may refer to the character Jean Valjean in Victor Hugo's novel Les Miserables, in which for committing a minor offence of stealing a loaf of bread for his hungry family Jean Valjean was branded as a thief for his whole life. The modern approach should be to reform a person instead of branding him as a criminal all his life. 10. We may also here refer to the case of Welsh students mentioned by Lord Denning in his book Due Process of Law. It appears that some students of Wales were very enthusiastic about the Welsh language and they were upset because the radio programmes were being broadcast in the English language and not in Welsh. They came up to London and invaded the High Court. They were found guilty of contempt of court and sentenced to prison for three months by the High Court Judge. They filed an appeal before the Court of Appeals. Allowing the appeal, Lord Denning observed: I come now to Mr. Watkin Powell's third point. He says that t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ase Under Sections 325/34 Indian Penal Code. Probably he did not mention this out of fear that if he did so he would automatically be disqualified. At any event, it was not such a serious offence like murder, dacoity or rape, and hence a more lenient view should be taken in the matter. This Court has observed that suppression related to a case when the age of Sandeep Kumar was about 20 years. He was young and at such age people often commit indiscretions and such indiscretions may often be condoned. The modern approach should be to reform a person instead of branding him a criminal all his life. In Morris v. Crown Office (supra), the observations made were that young people are no ordinary criminals. There is no violence, dishonesty or vice in them. They were trying to preserve the Welsh language. Though they have done wrong but must we show mercy on them and they were permitted to go back to their studies, to their parents and continue the good course. 19. In Ram Kumar v. State of Uttar Pradesh and Ors. (2011) 14 SCC 709, appointment was denied to Ram Kumar due to failure to disclose in the verification form about a criminal case Under Sections 324/323/504 Indian Penal Code ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... this point. 11. In the facts of the present case, we find that though Criminal Case No. 275 of 2001 Under Sections 324/323/504 Indian Penal Code had been registered against the Appellant at Jaswant Nagar Police Station, District Etawah, admittedly the Appellant had been acquitted by order dated 18-7-2002 by the Additional Chief Judicial Magistrate, Etawah. 12. On a reading of the order dated 18-7-2002 of the Additional Chief Judicial Magistrate it would show that the sole witness examined before the court, PW 1, Mr. Akhilesh Kumar, had deposed before the court that on 2-12-2000 at 4.00 p.m. children were quarrelling and at that time the Appellant, Shailendra and Ajay Kumar amongst other neighbours had reached there and someone from the crowd hurled abuses and in the scuffle Akhilesh Kumar got injured when he fell and his head hit a brick platform and that he was not beaten by the accused persons by any sharp weapon. In the absence of any other witness against the Appellant, the Additional Chief Judicial Magistrate acquitted the Appellant of the charges Under Sections 323/34/504 Indian Penal Code. On these facts, it was not at all possible for the appointing authority to take ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ation of appointment was passed. In Sandeep Kumar (supra), this Court in the backdrop fact of the case that offence suppressed was committed Under Section 325/34 Indian Penal Code at the time when incumbent was 20 years of age. This Court held that young people to be dealt with leniency. They should not be deprived of appointment as suppression did not relate to involvement in a serious case. In Ram Kumar (supra), this Court considered a case when pending criminal case Under Sections 324, 323, 504 Indian Penal Code in which subsequently acquittal had been recorded, no overt act was attributed by sole witness to incumbent and moreover Government instructions dated 28.4.1958 requiring authority to consider suitability as such was not complied with, denying back wages to incumbent, his appointment was ordered. In Regional Manager, Bank of Baroda (supra), this Court declined to interfere Under Article 136 in view of subsequent acquittal in a case Under Section 307 Indian Penal Code. The decision of Labour Court was not interfered with. Passage of time was taken into consideration. However, this Court clarified that decision will not be treated as precedent. In Kamal Nayan Mishra (supra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ground of suppression. However, facts which have come to knowledge it has to be determined by employer whether antecedents of incumbent are good for service, to hold someone guilty of suppression, query in the form has to be specific. Similarly, in B. Chinnam Naidu (supra) when column in verification form required to disclose detention or conviction, it did not require to disclose a pending criminal case or fact of arrest, removal on the ground of material suppression of pending case and arrest was set aside as that was not required to be disclosed. 21. The verification of antecedents is necessary to find out fitness of incumbent, in the process if a declarant is found to be of good moral character on due verification of antecedents, merely by suppression of involvement in trivial offence which was not pending on date of filling attestation form, whether he may be deprived of employment? There may be case of involving moral turpitude/serious offence in which employee has been acquitted but due to technical reasons or giving benefit of doubt. There may be situation when person has been convicted of an offence before filling verification form or case is pending and information reg ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... various aspects. Even if disclosure has been made truthfully the employer has the right to consider fitness and while doing so effect of conviction and background facts of case, nature of offence etc. have to be considered. Even if acquittal has been made, employer may consider nature of offence, whether acquittal is honourable or giving benefit of doubt on technical reasons and decline to appoint a person who is unfit or dubious character. In case employer comes to conclusion that conviction or ground of acquittal in criminal case would not affect the fitness for employment incumbent may be appointed or continued in service. 23. Coming to the question whether an employee on probation can be discharged/refused appointment though he has been acquitted of the charge's, if his case was not pending when form was filled, in such matters, employer is bound to consider grounds of acquittal and various other aspects, overall conduct of employee including the accusations which have been levelled. If on verification, the antecedents are otherwise also not found good, and in number of cases incumbent is involved then notwithstanding acquittals in a case/cases, it would be open to the e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... acter and antecedents is one of the important criteria to assess suitability and it is open to employer to adjudge antecedents of the incumbent, but ultimate action should be based upon objective criteria on due consideration of all relevant aspects. 27. Suppression of 'material' information presupposes that what is suppressed that 'matters' not every technical or trivial matter. The employer has to act on due consideration of rules/instructions if any in exercise of powers in order to cancel candidature or for terminating the services of employee. Though a person who has suppressed the material information cannot claim unfettered right for appointment or continuity in service but he has a right not to be dealt with arbitrarily and exercise of power has to be in reasonable manner with objectivity having due regard to facts of cases. 28. What yardstick is to be applied has to depend upon the nature of post, higher post would involve more rigorous criteria for all services, not only to uniformed service. For lower posts which are not sensitive, nature of duties, impact of suppression on suitability has to be considered by concerned authorities considering post/n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ents, and may take appropriate decision as to the continuance of the employee. (5) In a case where the employee has made declaration truthfully of a concluded criminal case, the employer still has the right to consider antecedents, and cannot be compelled to appoint the candidate. (6) In case when fact has been truthfully declared in character verification form regarding pendency of a criminal case of trivial nature, employer, in facts and circumstances of the case, in its discretion may appoint the candidate subject to decision of such case. (7) In a case of deliberate suppression of fact with respect to multiple pending cases such false information by itself will assume significance and an employer may pass appropriate order cancelling candidature or terminating services as appointment of a person against whom multiple criminal cases were pending may not be proper. (8) If criminal case was pending but not known to the candidate at the time of filling the form, still it may have adverse impact and the appointing authority would take decision after considering the seriousness of the crime. (9) In case the employee is confirmed in service, holding Departmental enquiry ..... X X X X Extracts X X X X X X X X Extracts X X X X
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