Employer entitled to consider antecedents and suitability of candidate for appointment even after candidate’s disclosure

29
11/2018

Employer entitled to consider antecedents and suitability of candidate for appointment even after candidate’s disclosure

In State of M.P. v. Abhijit Singh Pawar, the Supreme Court  while referring to judgment in Avtar Singh v. Union of India, held that even after the disclosure is made by a candidate, the employer would be well within his rights to consider the antecedents and the suitability of the candidate. While so considering, the employer can certainly take into account the job profile for which the selection is undertaken, the severity of the charges levelled against the candidate and whether the acquittal in question was an honourable acquittal or was merely on the ground of benefit of doubt and that the employer cannot not be compelled to appoint the respondent.

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