Summary
Non-disclosure of an acquitted criminal case in a police recruitment verification form is not automatically fatal. Suitability must be assessed objectively and individually, considering the post, the case and acquittal, the questions asked, other antecedents, verification reports and the fairness of the cancellation decision. On these facts, cancelling the selected candidate’s appointment was arbitrary.
Issues
- Whether omission of a criminal case that arose after the application and ended in acquittal automatically justified cancelling the appellant’s selection as a constable.
- Whether the appointing authority assessed the appellant’s suitability objectively and fairly in light of the verification reports and the circumstances of the acquittal.
Held
- There is no universal rule that every non-disclosure of a criminal case ending in acquittal is fatal to employment. The employer must assess materiality and suitability objectively, with due regard to the governing rules and all relevant circumstances; the candidate must not be dealt with arbitrarily. (¶¶ 1, 20, 28, 30)
- Relevant considerations include the nature of the post, timing and nature of the criminal case, the acquittal judgment, the wording of the verification questions, character reports, other antecedents, and the reasoning and fairness of the cancellation decision. (¶ 28)
- The appellant had no case pending when he applied; the criminal case arose five days later and ended in acquittal without appeal. The verification authorities reported good or excellent character and no other case, yet the appointing authority cancelled his selection mechanically without assessing suitability. In these particular circumstances the non-disclosure was not fatal and the cancellation was unfair and unreasonable. (¶¶ 18, 29, 30)
Result
Appeal allowed; the cancellation and High Court orders were set aside. The respondents were directed to appoint the appellant as a constable within four weeks, with notional pay, seniority and consequential benefits but no salary arrears for the period he did not serve. No order as to costs.