Avtar Singh V/s Union of India decided by Hon'ble Supreme Court on 21.07.2018.

Your friend woukd not be dismissed for suppression of fact about your earlier employment

At most some disciplinary action would be taken against him

In avtar singh case SC has held Information given to the employer by a candidate as to conviction, acquittal or arrest, or pendency of a criminal case, whether before or entering into service must be true and there should be no suppression or false mention of the required information

4) In case the employee is confirmed in service, holding Departmental enquiry would be necessary before passing order of termination/removal or dismissal on the ground of suppression or submitting false information in verification form....

Dear Client,

Dismissal for Suppression of Information by Employees/Candidates is relevant in cases where employee conceal information regarding criminal cases or conviction any. Such trivial nature information (previous job) dose not call for dismissal.

If you have suppressed information about criminal case it would be ground fir dismissal

In present case you suppressed information about earlier employment

Hence at most some disciplinary action woukd be taken against you

You can disclose fact about your earlier employment on your own

You should not resign let your employer take a call about taking disciplinary action against you

Madras high court has held R Dhandapani vs The Commissioner,

No doubt the petitioner's act of material suppression in giving particulars at the time of applying for the post of Police Constable is a matter of serious concern. However, the extreme punishment of dismissal from service imposed on the petitioner is excessive and is also disproportionate to the charges for the reason that the object and thrust behind awarding of punishment to an offender is only to mend him and not to strangulate him. Otherwise, the very purpose of awarding punishment would not be served. This aspect has to be taken note of by the parties while imposing the punishment. Therefore, I am not agreeable with the extreme punishment of dismissal from service imposed on the petitioner by the first respondent.

17. This court is conscious of the scope of interference in the quantum of punishment decided by the Disciplinary authority and the aggrieved cannot seek indulgence of this court in nullifying the act of the respondents. But, the matter can be re-looked into as per law, when the punishment imposed for the charges is shockingly disproportionate. In the case on hand, the punishment imposed on the petitioner is not proportionate to the charges levelled against him and the non-disclosure of particulars in the relevant format would attract serious punishment of dismissal, which has to be re-looked into.

The HC judgment has persuasive value and would be considered by other HC

Yes. Your friend can be dismissed if this thing is revealed in front of the organisation he is working in. For more details i will need to go through the terms and conditions mentioned in both the appointment letters.

High Court has to follow citations given by Hon'ble SC.

Sending information where no sign and declaration is made is as good as verification form

It would not be considered differently in law

Such kind of concealment is not of that nature that could lead to termination.

Declared information if found false, case of perjury which is not in non declared information.

You woukd not be dismissed from service for failure to disclose earlier Employment

No effect on job.

He needs to produce relieving letter from this organisation

If you have not disclosed material facts it amounts to suppression of material facts

The fact that you were in employment for 7 days would be considered while deciding penalty to be imposed upon you

Better appoint some lawyer and get all the queries solved.

The experience certificate, CTC and relieving letter are all a criterion only with the private companies when you intend to shift from one to another. This private company's experience or relieving letter has got nothing to do with the Government job because you have not been employed on that basis so there will be no fault even if you do not mention about your previous employment in private sector while filling up the requisite form. Better avoid a mention about the same.

This information is civil in nature?How is it related? Should he resign and search new job or is it surety that he cannot be dismissed.

You can continue with the government employment even if you have intentionally suppressed the fact of previous private employment since the present employment is not based on your experience of previous employment in any manner.

Is AP versus Koneti Venkateshwaru decision now invalid.Would that be covered by Avatar Singh judgement now?Should he resign and prepare for another job?

In AP Vs. Koneti he was employed at the time of getting this employment and he has not revealed the information which he was required to.

However that has got no relevance to your case.

But if he is dismissed,then he wouldn't be eligible for future jobs also?Sir,Kindly tell if he can be dismissed.Otherwise,he will be in problem whole life?

He has not been asked to furnish the information about the previous employment hence in my opinion he may not face any such problem in this regard.

Sir,would other high court follow this decision or they are free to take their own decision?

Until this citation is referred to by the concerned party to prove their case, this may not find a place.

He failed to disclose his employment in an email.He had to just fill an excel sheet sent on email given in application.Is sending information where no sign and declaration is made as good as information in verification form?Will it be considered differently in law?

furnishing information through email as desired by the authorities are concerned genuine until and unless the concerned party has any reason for not furnishing the desired information

Avatar Singh judgement says in case of suppression of minor offence ,the candidate should not be rejected.Would that apply to it since he was in job for 3 months?Is he safe and would not be dismissed for sure? Otherwise he will look for another job.

This should not cause any problem, however since you are so much anxious about it, better clarify the rules of the organisation in this regard.

Since he was not in service at the time of applying and at interview, he replied to email sent with present employer as blank at the time after final selection.He also feels that since he was not in job at the time of applying and interview,he needed not produce relieving letter from this organisation.How correct it is?

This shall be the explanation furnished to the new employer if he is asked to furnish reasons to the show cause notice issued

In cases of suppression,is suppression only criteria or effect of suppression is also seen according to Supreme Court.I mean how can one verify antecedent if the person was only in employment for 7days when information through mail came.

Thus this may actually not come under the scanner at all especially under the background verification.

so nothing will come in this regard