Suppressing Pending Criminal Case Ground To Deny Employment Irrespective Of Gravity Of Charges: Rajasthan High Court
5 months, 3 weeks ago

Suppressing Pending Criminal Case Ground To Deny Employment Irrespective Of Gravity Of Charges: Rajasthan High Court

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Rajasthan High Court denied relief to a rejected candidate for the post of a primary school teacher on the grounds of not disclosing the fact of a pending criminal case against him in the application form as well as filing a false self-declaration form to that effect. “When a person is entrusted with the pious duty of imparting education and Sanskar to the young children, then the most important & relevant criteria for selection of that person should be trustfulness and unimpeachable integrity.” The petitioner had cleared the relevant examination for the post and was called for document verification during which it was revealed that there was a pending criminal case against him. Agreeing with the arguments presented by the counsel for the State Government, the Court made a reference to the Supreme Court case of Rajasthan Rajya Vidyug Prasaran Nigam Ltd. V/s Anil Kanwariya, that dealt with a similar fact situation and held that, “Then the question is of TRUST. The choice/option whether to continue or not to continue such an employee always must be given to the employer.” In line with the ruling, the Court also observed that the relevant question was not the charges in the pending criminal case against the petitioner but the fact of him suppressing the information for seeking employment which in itself was a ground for denying him the employment.

History of this topic

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