​The Allahabad High Court has recently emphasized the importance of transparency in job applications concerning criminal history. In the case of Chandrajeet Kumar Gond v. High Court of Judicature at Allahabad and Another, the court upheld the cancellation of a candidate’s appointment due to the deliberate concealment of a pending criminal case in his application. The candidate had initially denied any criminal complaints but disclosed the pending case only after being asked to submit an affidavit, which was deemed as intentional suppression of material information.

However, the court has also recognized that not all instances of non-disclosure warrant disqualification. In Ashish Kumar Rajbhar v. State of U.P. and Others, the court ruled that denying appointment solely based on non-disclosure of a criminal case, especially when the candidate was not named in the charge sheet or put on trial, would be unjust and unreasonable. The court emphasized the need for a balanced approach, considering factors such as the nature and seriousness of the offense, the outcome of the trial, and the candidate’s overall suitability for the position.

These judgments underscore the principle that while honesty in disclosing criminal history is crucial, decisions regarding employment should also account for the specific circumstances of each case to ensure fairness and avoid arbitrary disqualifications.

Sources