New Delhi: The Supreme Court has ruled that suppression of information relating to a
person's criminal background in the job application could be a ground for his
dismissal from service.
Upholding the dismissal of a physical education teacher (PET) for not giving
information about a pending case at the time of making the application, a Bench
comprising justice Shivaraj V Patil and justice Arijit Pasayat said the character,
conduct and antecedents of a teacher would have some impact on the minds of the
students.
"A candidate having suppressed material information and/or giving false information
cannot claim right to continue in service," justice Patil, writing the judgement for
the Bench, said.
The Madhya Pradesh High Court had reversed the Central Administrative Tribunal order
justifying the dismissal and had directed reinstatement of the teacher, saying the
case against him was not serious in nature and had later been withdrawn.
However, the apex court said the High Court committed an error as the case was
pending when the application for the job was made and by mentioning that there was
no case pending against him, the applicant had not only suppressed material
information but also given a false statement.
"The applicant was to serve as PET in the Kendriya Vidyalaya. The character, conduct
and antecedent of a teacher will have some impact on the minds of the students of
impressionable age," justice Patil said upholding the dismissal order.
PTI