The Bombay High Court held that The Bhabha Atomic Research Centre (BARC) an institution which undertakes sensitive work and a person with criminal antecedents cannot be allowed to work in such a sensitive institution through the learned bench consisting of Division Bench of Justices R N Laddha and S V Gangapurwala, JJ. in the case of Swapnil Prakash Parab vs State of Maharashtra(Writ Petition No. 16826 of 2021, decided on 16-09-2022)
FACTS OF THE CASE:
Counsel for petitioner submitted that the Petitioner had no intention to suppress any information from the Respondent authority and non-disclosure of pendency of criminal case was the bonafide mistake of the Petitioner. Mere involvement in some petty cases would not render a person unsuitable for the job and the Petitioner was acquitted by Judgment dated 8th June 2016.
Counsel for State submitted that it was not in dispute that on the date when the Petitioner filled the application form, a criminal case was pending against him. His later acquittal on its own would not be sufficient to wash away the suppression of material facts. Verifying character and antecedents is also part of the recruitment process.
OBSERVATION OF THE COURT:
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Judgement reviewed by Sudarshana Jha