Employers might take into account special circumstances in deciding whether to terminate or cancel a candidate’s application.
The Allahabad High Court has reinforced the critical importance of honesty in disclosing criminal history in job applications. This decision, crucial in the landscape of employment law, underscores the consequences of suppressing facts about one’s criminal record, including convictions, acquittals, arrests, or ongoing legal proceedings.
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The bench, consisting of Justice Salil Kumar Rai and Justice Surendra Singh-I, drew upon the precedents set by the Supreme Court in Avtar Singh Vs. Union of India and others, and Rajasthan Rajya Vidhut Prasaran Nigam Limited Vs. Anil Kanwaria.
The court emphasized,
“The information given to the employer by a candidate regarding conviction/acquittal or arrest or pendency of a criminal case, whether before or after entering into service, must be true without any suppression or false mention. Any contravention by the candidate can lead to the cancellation of his candidature or dismissal from service if already appointed.”
The case revolved around Chandrajeet Kumar Gond, who applied for a position at the Allahabad High Court. In his application, he denied any criminal complaints against him. However, it was later revealed that he had a pending criminal case, which he disclosed only upon being asked to submit an affidavit. This led to the cancellation of his candidature, a decision initially upheld by a Single Judge bench of the High Court and later contested in a special appeal.
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Gond’s legal team contended that the Single Judge had not correctly interpreted the Supreme Court’s ruling in Avtar Singh Vs. Union of India and others. They attributed the error in the application form to a computer operator’s mistake and maintained that Gond had revealed the accurate details about his criminal case before receiving a show-cause notice. They argued that the mere existence of a pending criminal case should not automatically lead to the cancellation of a candidate’s application.
On the other hand, the counsel representing the Allahabad High Court argued that Gond had sufficient opportunity to rectify the mistake but failed to do so. They pointed out that the affidavit, which disclosed the criminal case, was submitted a significant 10 months after the online application was completed, suggesting intentional concealment rather than a mere oversight.
In its verdict, the High Court drew upon the guidelines set by the Supreme Court in Avtar Singh Vs. Union of India and others, emphasizing the necessity for candidates to truthfully disclose their criminal history. The Court acknowledged that while employers might take into account special circumstances in deciding whether to terminate or cancel a candidate’s application, no such mitigating factors were present in Gond’s situation. The Court ultimately determined that Gond had intentionally hidden his criminal history in his application, leading to the decision to uphold the cancellation of his candidature.
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This judgment highlights the legal and ethical obligations of candidates to provide accurate information about their criminal history, reinforcing the principle that integrity is paramount in the pursuit of employment, particularly in roles of public trust.
