Honble PATIL, CJ.–A Division Bench of this Court by the order dated 27.10.1998 passed in D.B. Civil Special Appeal (Writ) No. 893/98 referred the following questions to a Larger Bench for consideration and decisions:-

``(i) Whether the fact that a candidate was prosecuted or subjected to investigation on a criminal charge is a material fact, suppression of which would entitle an employer to deny employment to a candidate on that ground?

(ii) Whether the ultimate acquittal of a candidate who was prosecuted on a criminal charge would condone or wash out the consequences of suppression of the fact that he was prosecuted?

(iii) Whether the suppression of the material fact would not by itself disentitle a candidate from being appointed in service?

(2). Hence, this appeal and other connected appeals have come up before us sitting in the Full Bench.

(3). Since the facts are similar in all these appeals and common questions arise for consideration, they are being disposed of by this common judgment. The facts to the extent they are relevant for answering the reference are taken from D.B. Civil Special Appeal (Writ) No. 893/98.

(4). The appellant had applied for the post of Constable in the State

Click Here to Read the rest of this document