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Avtar Singh v. Union of India & Ors.

Special Leave Petition (Civil) · Neutral citation not assigned (Special Leave Petition (Civil) No.20525 of 2011 [with SLP (C) Nos.4757 of 2014 and 24320 of 2014] (Diary No. 19195 of 2011))Decided 21 Jul 2016
Special Leave Petition (Civil) No.20525 of 2011 [with SLP (C) Nos.4757 of 2014 and 24320 of 2014] (Diary No. 19195 of 2011)
Justice Ranjan Gogoi · Justice Arun Mishra · Justice Prafulla C. Pant

Background

This judgment answers a question of law; it does not decide the case itself. A Division Bench had referred to a larger Bench the question of what legal consequences follow when a candidate suppresses or gives false information about pending or concluded criminal cases in a verification or attestation form. The reference was made because earlier decisions on the point conflicted.

Decision Breakdown

This is not a final judgment in the case itself. The three-judge Bench reviewed about 15 earlier Supreme Court decisions and laid down an 11-point summary of governing principles to guide future cases. It answered the reference accordingly and directed that the matters be placed before an appropriate Bench for consideration on merits. It did not decide whether Avtar Singh himself is entitled to continue in or be appointed to service.

Lesson Learnt

An employer may act on genuine, deliberate suppression or false declaration about criminal cases, but must act reasonably and proportionately, and the specific questions in the attestation form define what must be disclosed. There is no final ruling yet on the appellant's own case.

Official source (sci.gov.in)View Judgment (PDF)

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