Circular cannot over ride SC judgment
2) you have not mentioned what information has been suppressed by you
3) it is necessary to know facts of case to advice
There is a dopt circular no 1102/7/91 instructing if false information is furnished,the punishment of dismissal has to be imposed.My question is will that circular overrule the Supreme Court judgement in Avatar Singh case?Will that circular apply to all public bodies or only central and state govt? What is the punishment if other information not related to Avatar Singh judgement like suppression of previous employment or suppression of employment status of close relatives given at the time of joining are concerned?What should be the correct departmental punishment according to law? Will that circular apply to all information or recent judgement will hold?
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Circular cannot over ride SC judgment
2) you have not mentioned what information has been suppressed by you
3) it is necessary to know facts of case to advice
Dear Client,
Avatar Singh judgement will prevail on all depts. And suppression of civil information will not cost you termination. Termination effects where information suppressed about criminal back ground and that also of grievous in nature. Highest punishment can be imposed, hold on one promotion or yearly increment.
My friend didn't tell that his mother is working as daily wage (part time)teacher in govt school in joining form.Now she is afraid that this information can result in his dismissal.
Such information not even material to be informed and any rational guy will hide to maintain his / her reputation and avoid humiliation. Concealing such information has no impact as nothing to do with her job.
1. Any DOPT circular unless specifically challenged in the supreme court in the specific case.
2. I wonder if there is any case whereby the SC has set aside this particular Circular.
3. If this is not so then any employee being aggrieved by act act of punishment on the basis of this circular can take aid of the said decision of SC and challenge the decision in Administrative Tribunal or Court, as the case may be.
Avtar Singh case covers all the information required to while filling the forms when applying or at the time of entry in to the service not some types of information,so please note that.Now the question his mother comes that has no impact on his employment because that is not required to be filled up in any type of form because she is not a permanent employee.
You can take a stand that it was inadvertently not disclosed, If any query is raised. Presently you can't change what you have submitted. If the circular was not containing all the sections for the information it's not your friends fault. Supreme court judgement will prevail if it's related to the said issue.
The employer shall take into consideration the Government orders/instructions/rules, applicable to the employee, at the time of taking the decision.
While passing order of termination of services or cancellation of candidature for giving false information, the employer may take notice of special circumstances of the case, if any, while giving such information.
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.
For determining suppression or false information attestation/verification form has to be specific, not vague. Only such information which was required to be specifically mentioned has to be disclosed. If information not asked for but is relevant comes to knowledge of the employer the same can be considered in an objective manner while addressing the question of fitness. However, in such cases action cannot be taken on basis of suppression or submitting false information as to a fact which was not even asked for.
Before a person is held guilty of suppressio veri or suggestio falsi, knowledge of the fact must be attributable to him.