The pendency of a criminal case against a candidate for a government job does not automatically disqualify him from being appointed to the post.

Headnote:
Fact of the Case:

The petitioner, Rahul Kumar, qualified for the post of Excise Constable in the Uttar Pradesh Subordinate Services Selection Commission's Advertisement No. 09(2)/2016 Excise Constable Selection-2016. However, he was not permitted to join due to a pending case against him for trivial offenses.
Finding of the Court:

The court directed the respondent no.2 to take a decision in respect of the petitioner in view of the law laid down in the case of Avtar Singh (supra) and followed by Pawan Kumar (supra) within a period of six weeks.
Issues: Whether the petitioner should be permitted to join his duty despite having a pending case against him for trivial offenses.
Ratio Decidendi: The court relied on the law laid down in the case of Avtar Singh Vs. Union of India and others, 2016 (8) SCC 471 and Pawan Kumar vs Union of India; (2022) SCC OnLine SC 532, which held that the pendency of a criminal case against a candidate for a government job does not automatically disqualify him from being appointed to the post.
Final Decision: The court disposed off the petition and directed the respondent no.2 to take a decision in respect of the petitioner within a period of six weeks.

Court No. - 36

Case :- WRIT - A No. - 21244 of 2022

Petitioner :- Rahul Kumar

Respondent :- State Of U P And Another

Counsel for Petitioner :- Kailash Prakash Pandey

Counsel for Respondent :- C.S.C.

Hon'ble Neeraj Tiwari,J.

Heard learned counsel for the petitioner and the learned

Standing Counsel.

The present petition has been filed with the following prayers:

"(i) Issue a writ, order or direction, in the nature of mandamus,

directing the Respondent No. 2 to permit the petitioner to join

his duty on the post of Excise Constable in pursuance of select

list dated 15.03.2022 issued by Uttar Pradesh Subordinate

Services Selection Commission in the Advertisement No.

09(2)/2016 Excise Constable Selection-2016."

The contention of the counsel for the petitioner is that despite

having qualified, he is not being permitted to join probably on

the ground that there are one case pending against the petitioner

in trivial offences. He argues that it is incumbent upon the

respondents to take a decision in the light of the law laid down

by the Hon'ble Apex Court in the case of Avtar Singh Vs. Union

of India and others, 2016 (8) SCC 471 and Pawan Kumar vs

Union of India; (2022) SCC OnLine SC 532.

In view of the said contentions, the present petition is disposed

off directing the respondent no.2 to take a decision in respect of

the petitioner in view of the law laid down in the case of Avtar

Singh (supra) and followed by Pawan Kumar (supra) within a

period of six weeks.

Order Date :- 5.1.2023

Sartaj

Digitally signed by SARTAJ AHMAD

Date: 2023.01.05 17:30:39 IST

Reason:

Location: High Court of Judicature

at Allahabad