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J. J. MUNIR
Baba Singh – Appellant
Versus
State of Uttar Pradesh – Respondent
JUDGMENT :
(J.J. Munir, J.)
This writ petition is directed against an order of the Chief Engineer, Minor Irrigation Department, U.P., Lucknow dated 16.02.2024, rejecting the petitioner’s representation dated Nil (received on 15.01.2024), in compliance with the orders of this Court dated 08.01.2024 passed in Writ - A No. 21694 of 2023, requiring the Chief Engineer to consider the petitioner’s claim for appointment, already denied on ground of pendency of a criminal case against him.
2. A notice of motion was issued by a detailed order on 12.08.2024, in response whereto, a personal affidavit has been filed by the Chief Engineer, Minor Irrigation, U.P., Lucknow, respondent No. 3. Another personal affidavit dated 24.08.2024 has been filed by the District Magistrate, Mirzapur, respondent No. 2. Both these affidavits shall be read as counter affidavits in the writ petition.
3. Ms. Monika Arya, learned Additional Chief Standing Counsel, forgoes her right to file any further counter affidavit, whereas Mr. Chandan Sharma, learned Counsel for the petitioner, waives his right to file a rejoinder.
4. Parties have exchanged affidavits.
5. Admit.
6. Heard forthwith.
7. Heard Mr. Chandan Sharma, learned
The mere pendency of a criminal complaint, especially from matrimonial disputes, should not disqualify a candidate from public employment.
Character verification for public service must consider the nature of past allegations and acquittals, rejecting mechanical disqualification based solely on prior criminal cases.
The cancellation of a candidate's selection based solely on the registration of a criminal case, without evidence of complicity, is unjustified and reflects a lack of proper consideration of the fact....
The suppression of a pending criminal case does not automatically disqualify a candidate; the nature of the offence and the candidate's overall character must be considered in recruitment decisions.
Non-disclosure of trivial criminal cases does not disqualify a candidate for government service; the appointing authority must consider the nature of the case and the candidate's overall suitability.
The court held that the non-disclosure of a past criminal case requires careful evaluation of circumstances, and automatic cancellation of appointment is arbitrary.
Mere pendency of a criminal case does not disqualify a candidate for public service if the allegations are trivial and disclosed during the application process.
Non-disclosure of a trivial criminal case does not automatically disqualify a candidate for government service; the appointing authority must consider the nature of the case and the candidate's overa....
The court upheld the discretion of the State Government to deny appointment based on the pendency of serious criminal charges, emphasizing the importance of suitability for sensitive public service r....
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