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8. The standard for assessing the suitability of a candidate is measured by the employer based on various factors including the nature of the post, nature of duties, effect of suppression over suitability, etc. However, no hard and fast rule can be laid down in this regard [Refer, Pawan Kumar12 (supra)]. It must be emphasised that a candidate who proposes to participate in a selection process, must furnish true and correct information in respect of his character and antecedents in the affidavit/verification form required to be filled up during the selection process or after induction in the service, as the case may be. A candidate who makes a false declaration or suppresses material information or furnishes half–baked information which may not be the whole truth, can be visited with adverse consequences to the point of his exclusion even though he may have qualified in the entire selection process, based on the said falsity/suppression.

2014 (MP)] as well as by the Division Bench [State of M.P. v. Abhijit For short ‘the Cr.P.C’ AIR 1964 SC 787 (2015) 2 SCC 591 CIVIL APPEAL NO.…. @ SLP (C) 27301 of 2018 Singh Pawar, 2015 SCC OnLine MP 7517] and dismiss Writ Petition No. 9412 of 2013 preferred by the respondent. No costs.

13. In Rajasthan Rajya Vidhut Prasaran Nigam Limited and Another v. Anil Kanwaria19, where the employer had invited applications for the post of a Technical Helper and on qualifying for the said post, the respondent therein was appointed as a probationer trainee, in the course of his police verification which was a pre-condition for confirming him to the post, it had transpired that he had been convicted by the trial Court for offences under Sections 323 and 341 of the IPC but was extended benefit under the Probation of Offenders Act, 1958 and released on good conduct. This Court observed that at the time of submitting an application for appointment, the respondent had already suffered a conviction by the competent Court which fact was withheld by him and he had filed a false declaration. These facts emerged only after receiving the police verification report. After distilling the law on appointments obtained by fraud or misrepresentation/by suppression of material facts, this Court proceeded to quash and set aside the order passed by the learned Single Judge and upheld the order passed by the Division Bench of the High Court, directing reinstatement of the respondent – employee and held that said decision was unsustainable in view of the fact that the employee had not disclosed/suppressed material facts and had filed a false declaration.

14. In the captioned case, this Court expressed a view that even where there was a subsequent acquittal, the employee having furnished false information/indulged in suppression of material fact of a pending criminal case, cannot claim appointment as a (2021) 10 SCC 136 CIVIL APPEAL NO.…. @ SLP (C) 27301 of 2018 matter of right. Following are the observations made regarding the credibility of such an employee from the perspective of the employer:

“14. The issue/question may be considered from another angle, from the employer's point of view. The question is not about whether an employee was involved in a dispute of trivial nature and whether he has been subsequently acquitted or not. The question is about the credibility and/or trustworthiness of such an employee who at the initial stage of the employment i.e. while submitting the declaration/verification and/or applying for a post made false declaration and/or not disclosing and/or suppressing material fact of having involved in a criminal case. If the correct facts would have been disclosed, the employer might not have appointed him. Then the question is of trust. Therefore, in such a situation, where the employer feels that an employee who at the initial stage itself has made a false statement and/or not disclosed the material facts and/or suppressed the material facts and therefore he cannot be continued in service because such an employee cannot be relied upon even in future, the employer cannot be forced to continue such an employee. The choice/option whether to continue or not to continue such an employee always must be given to the employer. At the cost of repetition, it is observed and as observed hereinabove in catena of decision such an employee cannot claim the appointment and/or continue to be in service as a matter of right.”