The Supreme Court emphasised that mere non-disclosure of information itself can be a ground for termination from services. In Union of India vs Dillip Kumar Mallick, the respondent was a CRPF personnel, in 2003 he was accused of a criminal charge and had a departmental inquiry and a criminal case pending against him. While filling out the verification roll, he concealed the said fact. Owing to which, he was awarded the punishment of  ‘removal’ by the disciplinary committee. The matter then went to the Court and the Orrisa High Court directed the CRPF to award any lesser punishment that they felt was just and proper.

Aggrieved by the order, CRPF approached the Supreme Court. The Apex Court remarked while referring to Avtar Singh v. Union of India and Others^[1], and remarked that:-

“Non-disclosure by itself may be a ground for an employer to cancel the candidature or to terminate services

Thus, it remains beyond the pale of doubt that the cases of non-disclosure of material information and of submitting false information have been treated as being of equal gravity by this Court and it is laid down in no uncertain terms that non-disclosure by itself may be a ground for an employer to cancel the candidature or to terminate services. Even in the summation above-quoted, this Court has emphasized that information given to the employer by a candidate as to criminal case including the factors of arrest or pendency of the case, whether before or after entering into service, must be true and there should be no suppression or false mention of the required information.”

Thus, allowing the appeal Court observed that “ Where suppression of relevant information is not a matter of dispute, there cannot be any legal basis for the Court to interfere in the manner that the employer be directed to impose 'any lesser punishment', as directed by the Division Bench of the High Court. The submissions seeking to evoke sympathy and calling for leniency cannot lead to any relief in favour of the respondent.”

Therefore, it is essential to disclose relevant information related to the matter of dispute, failing which the person runs a huge risk of losing his job.

^[1] (2016) 8 SCC 471