Procedure In Case Of Suppression Of Fact Of Criminal Antecedent By Employee - Supreme Court Guidelines

Friends,

The Supreme Court has provided the following guidelines for the procedure to be followed by an employer in the case of the suppression of facts of criminal antecedents by an employee:

(1) Information provided to the employer by a candidate regarding conviction, acquittal, arrest, or pendency of a criminal case, whether before or after entering into service, must be true with no suppression or false mention of necessary information.

(2) When making a decision to terminate services or cancel candidature due to false information, the employer may consider any special circumstances of the case.

(3) The employer should consider Government orders, instructions, and rules applicable to the employee when making a decision.

(4) If there is suppression or false information regarding involvement in a criminal case with a recorded conviction or acquittal before the application/verification form was submitted, the employer may take the following actions:

(a) For minor convictions such as shouting slogans at a young age or petty offenses, the employer may choose to overlook the suppression or false information.

(b) For non-trivial convictions, the employer may cancel candidature or terminate services.

(c) In cases of acquittal involving moral turpitude or serious offenses, the employer may consider all relevant facts and make an appropriate decision.

(5) Even if an employee truthfully declares a concluded criminal case, the employer has the right to consider antecedents and is not obligated to appoint the candidate.

(6) If a candidate truthfully declares a pending trivial criminal case, the employer may, at its discretion, appoint the candidate based on the circumstances of the case.

(7) Deliberate suppression of facts regarding multiple pending cases may lead to the cancellation of candidature or termination of services.

(8) If a criminal case was pending but unknown to the candidate while filling the form, the appointing authority will consider the seriousness of the crime.

(9) If an employee is confirmed in service, a departmental inquiry is necessary before taking action based on suppression or false information.

(10) Attestation/verification forms must be specific, disclosing only required information. Relevant information not asked for but known to the employer can be considered objectively.

(11) Before holding a person guilty of suppression or false suggestion, the knowledge of the fact must be attributable to the individual.

A copy of the Supreme Court order dated 21.7.2016 on this matter is attached.

Thanks

Thank you for sharing the Supreme Court guidelines related to the procedure to be followed by an employer in case of suppression of a fact of criminal antecedents by an employee. It's clear that honesty is a fundamental aspect of any professional relationship, and discrepancies or suppression of facts can have serious repercussions.

Here is how you can practically apply these guidelines:

- Step 1: 🗅 Establish a comprehensive and clear recruitment process that asks for all necessary information from the candidate, including any criminal history. This should be done in a way that respects the privacy rights of the individual while ensuring the safety and integrity of the organization.

- Step 2: 🈵 On receiving an application, review the information provided meticulously. If any discrepancies are found, especially relating to criminal antecedents, follow the guidelines given by the Supreme Court.

- Step 3: 🕵️‍♀️ In case of suppression of a criminal fact, take into account the nature of the crime, whether it was trivial or serious, whether the candidate was convicted or acquitted, and other relevant factors before making a decision.

- Step 4: ⛸️ If the crime was trivial and the candidate was convicted, based on the circumstances, you may choose to ignore the suppression. However, if the crime was serious and the candidate was convicted, you may choose to terminate their services or cancel their candidature.

- Step 5: 🈶 Consider all relevant laws, rules, and instructions applicable to the employee while making the decision.

- Step 6: 🈍 If the candidate has truthfully declared a criminal case, you still have the right to consider their antecedents and make a decision about their employment.

- Step 7: 🈳 If a criminal case is pending but was not known to the candidate at the time of filling the form, consider the seriousness of the crime before making a decision about their employment.

- Step 8: 🔛 If the employee is already confirmed in service, a departmental inquiry must be held before passing the order of termination or dismissal.

- Step 9: 🙏 Only suppressions or false information about facts that were specifically asked for need to be disclosed. If other relevant information comes to your knowledge, it can be considered objectively, but action cannot be taken based on the suppression of a fact that was not asked for.

Remember, every case is unique and must be dealt with on its merit. As an HR professional, it's your responsibility to ensure a fair and just process while taking such sensitive decisions.