Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law – Suppression of material information |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Issue for consideration: Whether the High Court erred in allowingthe writ petition fi led by the respondent, setting aside the order passedby the Administrative Tribunal and directing the appointment of therespondent as constable in the West Bengal police force.Service Law – Suppression of material information – When not:Held: Information sought in the verifi cation roll was regardingarrest, detention and conviction by a Court in any off ence – In reply tothe information asked the respondent gave the answer as “no” – As perthe contents of the information sought and as per the answer given by therespondent, he was not required to furnish information regarding pendingcriminal case – Therefore, supply of such information by the respondentdoes not fall within the expression ‘suppression of material information’– Tribunal and the High Court rightly found that it is not a case ofsuppression of material information – Further, criminal case registeredagainst the respondent were for petty off ences – The allegations wereneither of heinous/serious off ences, nor related to an off ence involvingmoral turpitude – Respondent was honourably acquitted – Consideringthe subsequent development of the clean acquittal of respondent, itrequires consideration objectively by the authority, about the questionof fi tness, ignoring the issue of supressing the information – High Courtcould not have directed the issuance of the letter of appointment and takenaway the said discretion of the employer – Order modifi ed – Appellantto consider the case of the respondent and issue order of appointment to the post of constable in West Bengal Police Force, exercising thediscretion judiciously in assessing the suitability and antecedents.[Paras10, 12, 14 and 15]Service Law – Pending criminal case, information furnished –Acquittal – Discretion of the employer:Held: Even in case where the information regarding pendingcriminal case is truthfully furnished and on acquittal therein, an employerhas the discretion to consider the antecedents while issuing the letter ofappointment.[Para 14] |
Judge | Hon'ble Mr. Justice J.K. Maheshwari |
Neutral Citation | 2023 INSC 754 |
Petitioner | State Of West Bengal & Ors. |
Respondent | Mitul Kumar Jana |
SCR | [2023] 11 S.C.R. 613 |
Judgement Date | 2023-08-22 |
Case Number | 8510 |
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