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RAJBIR SEHRAWAT
Mandeep Kaur – Appellant
Versus
Canara Bank – Respondent
JUDGMENT
Rajbir Sehrawat, J. (Oral) - This is a petition filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorari quashing the impugned order dated 10.04.2018 (Annexure P-8) and order/communication dated 17.10.2018 (Annexure P-10), whereby offer of appointment issued to the petitioner for the post of Probationary Officer has been cancelled; along with certain other prayers.
2. The facts, as pleaded in the petition, are that the petitioner had applied for the post of Probationary Officer in the respondent-Bank. The petitioner participated in the process of selection and was ultimately selected as per her merit. Thereafter, the petitioner was issued the appointment letter by the respondent-Bank. Accordingly, the petitioner was deputed to the induction training at Gurugram. When the petitioner joined the training, she informed the respondent-Bank that during the period of the process of selection, a criminal case, i.e. FIR No.83 dated 20.02.2017, under Sections 147, 149, 323, 452 and 506 of the Indian Panel Code at Police Station Thanesar Sadar, District Kurukshetra, was registered; involving the name of the petitioner as well, along with other famil
Mere pendency of a criminal case cannot be the basis for denying public appointment, and failure to provide a fair hearing violates principles of natural justice.
The gravity of the offence, the stage of trial, and other relevant aspects must be considered while deciding on the cancellation of selection based on a criminal case. Trivial allegations may not be ....
The deliberate furnishing of false information about the non-pendency of a criminal case can warrant the cancellation of candidature or termination of service, as per the guidelines laid down in rele....
Acquittal in criminal cases does not guarantee employment; employers can consider a candidate's criminal history when making hiring decisions.
Section 12 of Act of 1958 reads Removal of disqualification attaching to conviction.
Denial of appointment based on the pendency of FIR requires the candidate to be named in the FIR, summoned, or charge-sheeted.
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