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IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
KARUNESH SINGH PAWAR
Rakesh Kumar Verma – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
KARUNESH SINGH PAWAR, J.
1. Heard learned counsel for the petitioner and learned Standing Counsel for the State.
2. By means of the present petition, the petitioner has prayed for issuance of a writ of certiorari for quashing the impugned order dated 06.07.2020, whereby the petitioner has been denied appointment to the post of Junior Assistant by respondent No. 2 on the ground that a report was received by the District Collector, Lakhimpur Kheri, vide letter dated 15.03.2019, stating that a criminal case, being Case No. 10659 of 2010 under Sections 498-A, 323, 504, 506 IPC and Section 3/4 of the Dowry Prohibition Act, Police Station Kotwali, District Lakhimpur Kheri, is pending against the petitioner. Submission of learned counsel for the petitioner is that 3,258 vacancies for the post of Junior Assistant and 18 vacancies for the post of Store Keeper were advertised by the U.P. Subordinate Services Selection Commission. The petitioner applied for the post of Junior Assistant, was declared successful, and was thereafter allotted the Department of Cane and Sugar Commissioner, U.P. through the online Department Allotment System. A revised allotment letter issued by the Commiss
Pending criminal cases, particularly of a trivial nature linked to family disputes, do not automatically disqualify candidates for public employment if disclosed truthfully during the recruitment pro....
The mere pendency of a criminal case not involving moral turpitude cannot justify denial of appointment, emphasizing the need for contextual evaluation of character and offences.
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....
Pending criminal charges cannot bar government employment unless proven guilty. This holds especially true where prior judgments emphasize fair trial rights in such appointments.
The court established that pending criminal cases should not automatically disqualify candidates; a contextual evaluation of the offenses is essential.
The mere pendency of a criminal complaint, especially from matrimonial disputes, should not disqualify a candidate from public employment.
Suppression of criminal case information does not automatically disqualify compassionate appointment; objective evaluation required.
The main legal point established is that pending criminal cases, especially those involving grave moral turpitude, can justify the denial of appointment to government service, in accordance with the ....
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