Supreme Court Reinstates UP Constable, Rejects Blanket Disqualification for Non-Disclosure [Read Judgment]

NEW DELHI: The Supreme Court has said the courts can't be oblivious to ground realities in a diverse country like India as it provided relief a constable from a small village in UP by revoking cancellation of his appointment in 2005 over non-disclosure of a criminal case in the verification form.

A bench of Justices J K Maheshwari and K V Vishwanathan said there can't be a hard and fast rule in all cases of non disclosure, the candidate must be debarred from the appointment.

"Is it a hard and fast and a cut and dried rule that, in all circumstances, non-disclosure of a criminal case (in which the candidate is acquitted) in the verification form is fatal for the candidate’s employment? We think not and it ought not to be so too,” the bench said.

After noting that the character of the candidate was found good in inquiry, the bench said, “Broad-brushing every non-disclosure as a disqualification, will be unjust and the same will tantamount to being completely oblivious to the ground realities obtaining in this great, vast and diverse country”.

The court directed that the appellant will be entitled for all notional benefits, including pay, seniority and other consequential benefits. It told the UP government to issue necessary orders within four weeks.

The bench said each case will depend on the facts and circumstances that prevail thereon, and the court will have to take a holistic view, based on objective criteria, with the available precedents serving as a guide.

“In our opinion on the peculiar facts of the case, we do not think it can be deemed fatal for the appellant. It can never be a one size fits all scenario,” the bench said.

[Read Judgment]