Candidates must truthfully disclose criminal history; denial of employment based solely on pending cases is unjustified if no suppression of information occurs.

Order :

1. The petitioner herein is before this Court seeking issuance of an appropriate writ or direction commanding the respondents to permit the petitioner to join at CHC Amershah Bamnor Dhanua, Barmer pursuant to the order dated 09.01.2025.

2. The respondents advertised 6981 posts of Nursing Officer vide an advertisement dated 05.05.2023. The petitioner having experience of over three years as a staff Nurse, applied for the same in the ST-Male category. Since the application form did not include an option to disclose the pendency of any criminal case, the petitioner while submitting the form on 20.06.2023, did not mention the registration of the FIR. The petitioner’s documents were verified, and a police verification report dated 13.01.2025 (for the period from April, 1990 to December, 2024) was submitted stating that an FIR No.95/2019 under Sections 153AA & 295A IPC was registered in the year 2019. Though, vide an order dated 09.01.2025, the petitioner tried to join at CHC Amershah Bamnor Dhanua Barmer, but the CMHO Barmer did not permit the petitioner to join his duties due to the pending criminal case. Hence, this petition.

3. In the aforesaid backdrop, I have heard rival contentions made by learned counsel for the parties and perused the case file.

4. It appears that the petitioner is not being allowed to join merely on the ground that he is an under trial in an FIR No.95/2019 registered under Sections 153AA & 295A IPC . Charge-sheet dated 24.08.2021 has been filed and trial is pending.

5. In this context, reference may be had to a judgment dated 30.01.2024 rendered by me in some what similar circumstances in the case titled Patram vs. State of Rajasthan & Ors., SBCWP No. 18747/2019 . The observations and the ratio as enunciated therein being apposite is reproduced hereinbelow:

“6. Turning to the petitioner's case on its merits, it is acknowledged, as per the respondents' submitted response, that the petitioner did not withhold any information regarding the FIR against him. Before joining his duties, he voluntarily disclosed the existence of FIR No.309/2019, registered at Police Station Anoopgarh, District Sri Ganganagar, under Sections 498-A, 406, 323, 354 of IPC , initiated by his estranged wife due to marital discord. Furthermore, the criminal trial stemming from this FIR has concluded with the petitioner's acquittal.

7. The only opposition at this stage for not allowing the petition is reliance placed by the learned counsel for the respondent on the Apex Court judgment rendered in Avtar Singh Vs. Union of India & Ors., reported in 2016 (8) SCC 471 .

8. Having perused the judgment, ibid, what has to be borne in mind is that candidates must truthfully disclose information regarding convictions, acquittals, arrests, or pending criminal cases to their employers, both before and after employment, without suppression or false statements. Employers, when terminating services or canceling candidatures due to false information, should consider special circumstances and relevant government regulations. Additionally, appropriate actions should be taken if there is suppression or false information regarding involvement in a criminal case, depending on its nature. The accuracy and specificity of attestation/verification forms are crucial, and guilt for suppression or false suggestion requires attributable knowledge. Employers, no doubt, can maintain their discretion in considering disclosed information and are not obligated to appoint candidates even if truthful disclosures are made, particularly in cases involving multiple pending cases or serious criminal offenses.

9. In the instant case there is no allegation of suppression or concealment on the part of petitioner. Even the offences, at the relevant time when he was embroiled in, did not in any manner impinge on the nature of duties which are/were to be performed by the petiti