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An employee cannot be sacked for not disclosing criminal history : Supreme Court

New Delhi – A Bench of the Supreme Court has passed a verdict that a person cannot be sacked because he/she had not disclosed his/her criminal history. The Supreme Court quashed Delhi High Court’s order in this context.

  1. The Court observed the candidate applying for a job must furnish correct information relating to his character and in the verification form. If a person has not disclosed information the employer should not deal with him arbitrarily and power has to be judiciously exercised by the competent authority reasonably with objectivity, having due regard to the facts of the case before deciding whether to continue him in service or what kind of work should be given to such a person as per the applicable service rules.
  2. Regarding a case, Pavankumar was selected as a constable in Railway Security Force. While he was undergoing training, the Railway Administration suddenly issued an order sacking him from the job. The Administration gave an explanation in the Court that he had hidden information about the criminal case against him filed before his recruitment.
  3. The Court opined that the complaint lodged against Pavankumar was very trivial. The complaint was lodged due to some misunderstanding; therefore, the decision of his sacking was improper. Delhi Court’s decision in favour of the Railway Administration was also improper, hence, it was cancelled.

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