Employer must be told about criminal past of employee
The Hon'ble Apex Court in the
said judgment relied upon its earlier judgment in the case of
Andhra Pradesh Public Service Commission vs. Koneti
Venkateswarulu, reported at (2005) 7 SCC 177 and found that a
person who indulges in such suppression and obtains
employment, does not deserve public employment. The
termination for withholding relevant informations while filling
in attestation form has been thus maintained by the Hon'ble
Apex Court. Mere fact that the respondent was subsequently
discharged from criminal case, is found not sufficient to absolve
him of his liability to have filled in attestation form correctly and
accurately. The petitioner before this Court was also under
obligation to disclose all relevant informations and not to
suppress material facts. The nature of employment which he
desired to enter expected more transparency from him in this
respect. His conviction for an offence involving moral turpitude
needed to be disclosed. It is crystal clear that he did not disclose
it and the respondents learnt about it only in exercise of
verification undertaken routinely through police machinery
Bombay High Court
NAGPUR BENCH
WRIT PETITION NO. 4702 OF 2012
Amit s/o Subhashrao Mohod,
Versus
1. The Bank of India
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