Not Disclosing Criminal Case In Application Form Can Lead To Rejection - Supreme Court

 

In a recent judgment (Director General of Police Tamilnadu, Mylapore v. J. Raghunees, 2023 SCC OnLine SC 1379), the Hon’ble Supreme Court discussed the importance of disclosing true and correct information in any Application Form regarding the criminal antecedents of any candidate. The court discussed the consequence of non-disclosure or suppression of such material information on the employment of the candidate in the following manner: -

 

1. If the service conditions require consideration of criminal antecedents of a candidate, then even if the candidate has been acquitted in a particular criminal case, he ought to disclose such information to the employer in the relevant column of the Application Form.

 

2. Acquittal in a criminal case does not take away the responsibility to inform about the same in the relevant column of the Application Form. “His honorable acquittal or acquittal by giving benefit of doubt is not material and relevant but what is relevant is the full and complete disclosure of the information regarding his involvement in a criminal case which has been suppressed by him.”

 

3. The Court also cited the earlier landmark case of Avtar Singh v. Union of India, (2016) 8 SCC 471, wherein three important points were laid down: -

 

a. “Information given by the candidate to the employer as to his conviction, acquittal, arrest or pendency of a criminal case, whether before or after entering into service must be true and there should be no suppression or false mention of required information.”

 

b. “In cases where conviction or acquittal had already taken place before filling the application/verification form, the employer may consider all relevant facts available as to antecedents and may take appropriate decision as to the continuance of the employee.”

 

c. “Even if the employee had made truthful declaration of a concluded criminal case, the employer still has the right to consider antecedents of the candidate/employee and cannot be compelled to appoint him/her.”

 

3. So, here we have the understand the purpose why information regarding criminal antecedents is sought by the Employer. It is because sometimes the nature of employment is such that persons with criminal antecedents may not be suitable for a job. Thus, an employer may unfavorably consider the criminal antecedents of a candidate.

 

4. However, that may not always be the case. The ultimate discretion vests with the employer. If in the opinion of the employer, the criminal antecedents of a candidate are not relevant, then the same may be ignored.

 

Therefore, it is always advisable to fill correct particulars and details in a form. When you are acquitted in a criminal case, you may think that now you do not have to carry the burden of a criminal case on you anymore. But be that as it may, you may still be required to provide those details to your prospective employer.