Mitali Palnitkar
Published on: March 21, 2022 at 18:20 IST
The Supreme Court of India has ruled that, the Suppression of Information by a candidate in relation to a Criminal Case can be ignored in some situations.
The Bench comprised Justices Ajay Rastogi and Abhay S Oka. It opined that a Competent Authority while dealing with a Case relating to Suppression of Facts by a candidate during the selection process; it shall consider the Nature of the Post, the Impact of Suppression, and the Nature of Duties that need to be exercised by due diligence.
The Bench made this observation while dealing with a Civil Appeal challenging the Order passed by Allahabad High Court, which had set aside the direction given by a Single Judge to consider the request of the Appellant for appointment in the Railway Protection Force (RPF).
The Appellant was granted Relief by the Court after observing that the Criminal Case was registered at the time when the Petitioner was a Juvenile and was also Discharged from the Case.
The Court relied on Avtar Singh Vs. Union of India and Others wherein the Court dealt with the Principles in Relation to the Suppression of Facts.
In the above-mentioned Case, one of the Principles was that in the Cases that are Trivial in Nature or a Petty Offence, which if disclosed would render the Petitioner unfit for the post, then the Employer may ignore the Suppression of Facts.
Therefore, the Court allowed the Appeal.
Also Read: What happens to Companies involved in Tax Fraud?