A Three Judges Bench of the Supreme Court Avtar Singh vs. Union of India, has summarized the principles to be followed by Employers while dealing with issues related to suppression of information or submitting false information in the verification form by employees/candidates as to the question of having been criminally prosecuted, arrested or as to pendency of a criminal case.
The Bench comprising of Justices Ranjan Gogoi, Arun Mishra and Prafulla C. Pant, observed: “The ‘McCarthyism’ is antithesis to constitutional goal, chance of reformation has to be afforded to young offenders in suitable cases, interplay of reformative theory cannot be ruled out in toto nor can be generally applied but is one of the factors to be taken into consideration while exercising the power for cancelling candidature or discharging an employee from service.”
Referring to various decisions, the Bench answered the reference to it, as follows.
Before a person is held guilty of suppressio veri or suggestio falsi, knowledge of the fact must be attributable to him.
Read the Judgment here.