Non disclosure of pending case at the time of appointment lead to termination??
suneetha Jain
(Querist) 12 February 2016
This query is : Resolved
Sir, I request the advocates (Except Sri Dhingra & Sri Rajendra Goyal) Is non disclosure of pending criminal case at the time of appointment lead to termination of government or banking sector?? I want to ask this question becasue now a days so many innocent people are falsely included in cases due to political or financial influences especially in Marriage related issues. What is the stand of our courts regarding this??
rajagopal.s
(Expert) 12 February 2016
Hi
Non disclosure of Pending criminal case at time of appointment will lead to termination of government or bank sector jobs.
Please find a case law for reference:
As observed by the Supreme Court in Kendriya Vidyalaya v. Ram Ratan Yadav (supra), the object behind seeking information regarding pendency of a criminal case is to ascertain and verify the character and antecedents of the candidate in order to judge his suitability for a government job. A
person who suppresses the information, and rather furnishes false information that he is not involved in any criminal case-obviously to secure government job, can not be said to possess such character which would justify his appointment or retention in government service.
suneetha Jain
(Querist) 12 February 2016
Thank you Rajagopal Sir, But In Sandeep Kumar and Ram Kumar Cases, the Apex court said that non disclosure in minor cases can be taken in a lenient manner. Recently Punjab court also said like this.
rajagopal.s
(Expert) 12 February 2016
Hi
It depends. Where the character and integrity of person is concerned, then it results in dismissal.
Guest
(Expert) 12 February 2016
Ms. Suneetha,
Repeated query, as earlier at the following link:
http://www.lawyersclubindia.com/experts/Probationary-offcer--583981.asp
When you have come at the open forum, you cannot restrict anyone from responding to your queries.
The same question was sked by another lady, as at the following link:
http://www.lawyersclubindia.com/experts/At-the-time-of-appointment-non-disclosure-of-pending-case-583421.asp
Both of you failed to reply my questions. Naturally, both of you have posted fake query.
So, when you did not have any answer to my queries, why this faque query?
You must be aware that whosoever intends to solve the problem, he must be made to be satisfied that the problem is not a fake one. He should not be taken for a ride or be considered merely as an idiot to become tool to solve academic queries of students. If you want to develope your career, you must also be attentive in your course modules.
You were justified in your query had you given your own analysis as per law, instead of giving a fake reason, like "becasue now a days so many innocent people are falsely included in cases due to political or financial influences especially in Marriage related issues." With your own analytical answer, you could have asked opinions of members, whether your legal interpretation about the problem was right or wrong.
But you tried to be oversmart, thinking as if the members of the LCI are merely idiots, who would not be able to judge the fakeness of the problem.
So, needless to emphasize, you must have to satisfy the members from whom you expect answer to your problem. I have ample reasons not to reply an academic query, as the querist starts to raise a numbert of supllementary queries, when he/she does not find the real answer to suit answer to his her academic query, as you have now asked Shri S. Rajagopal, rather have intended to prove him wrong by by arguing, "But In Sandeep Kumar and Ram Kumar Cases, the Apex court said that non disclosure in minor cases can be taken in a lenient manner. Recently Punjab court also said like this.
In ither words, by posting your bare academic query, you intended to test the knowledge of experts, while you have not risen to such a position to test the experts. You could well have posted your opinion, which you have posted now, while asking your original query.
So, if you think you have posed the real life problem, you may answer my questions, as I repeat my earlier response to your query, as follows:
Ms. Suneetha,
"To be frank, you have not been able to fabricate convincing reason for asking such an academic query."
"Anyway, do you mean that MANY EMPLOYED PEOPLE are having more than one husband or wife and they have not diclosed about their second marriage, as you have stated, "now a days so many innocent people are falsely included in cases due to political or financial influences especially in Marriage related issues"?
"Also, if they have not disclosed the information about their 2nd marriage to their employers, how do you consider them as innocent people?"
