‘Govt job seekers must disclose pending criminal cases’

Ahmedabad: The Gujarat high court has ruled that it is essential for individuals seeking govt jobs to inform the recruiting authority about any pending criminal cases against them. The organisation has the right to assess the character of the candidate, and it is the mandatory moral duty of a candidate to disclose such facts.
In this case, Justice Nirzar Desai dismissed a petition filed by Ramesh Khetariya, who sought a driver's job with the Gujarat State Road Transport Corporation (GSRTC) in the Amreli division. He cleared the driving test and was asked to present a no-objection certificate from police in Oct 2021 to receive the appointment order. He submitted the police certificate which stated he had earlier been booked in two criminal cases but was acquitted in both.
However, the department rejected his candidature on the grounds that he hid the information regarding pending FIRs. He challenged the decision before the HC and sought direction to declare him eligible and be appointed as driver.
After the hearing, the HC not only rejected the petition but also stated, "Every recruiting body has a right to assess the character of a candidate who is willing to join the organisation by passing the test for any employment. For every employer, the quality of the employee and their characteristics are among the most important factors that any recruiting body would consider."
The HC further stated, "...if any wrong candidate is selected, the organisation either will have to bear with them throughout their career or will require fighting a legal battle to get rid of such a dishonest person once they have entered the organisation. This would result in not just monetary loss to the organisation but sometimes may affect the overall image of the organisation."
The HC stressed the need for courage and honesty on the part of the candidate in declaring the fact regarding the pendency of any case. "In the instant case, the petitioner failed in climbing even the first step to show his honest intention by placing on record the correct facts about his past record."
The judge further said that local police cannot verify if an offence against a candidate is pending in another state. "Therefore, it becomes the mandatory moral duty of the candidate to disclose every single offence or pending case registered or instituted against them at the time of filling up the form. This is to give a clear picture of their credibility to the recruiting body or the organisation. Thereafter, it is a matter of discretion or subject to any rules framed by the authority to consider the candidature of the petitioner and to proceed further to give appointment to the candidate depending upon the nature of the offence, its gravity and the extent of the candidate's alleged involvement in the offence," the court said.