The Supreme Court of India has ruled that a person cannot be denied a job simply because they were previously tried under Section 498A of the Indian Penal Code (IPC), especially when they were later acquitted.
The case involved Pramod Singh Kirar, who had applied for the position of Constable in 2013. He was selected for the job, but during the verification process, he disclosed that he had once been tried under Section 498A IPC. Although he was acquitted in 2006, his appointment was later cancelled because of his past involvement in the criminal case.
The Madhya Pradesh High Court upheld this cancellation. The court stated that even if a person is acquitted and has truthfully disclosed their past criminal case, the employer still has the right to consider their background and decide whether to hire them.
However, the Supreme Court Bench, consisting of Justices MR Shah and CT Ravikumar, found that the criminal case was related to a matrimonial dispute and had ended in an out-of-court settlement. The judges also noted that the candidate had not hidden any information during the verification process.
Considering the unique circumstances, the Court stated:
“The candidate should not have been denied the job just because he was tried under Section 498A, especially since the incident happened in 2001 and he was acquitted in 2006 due to settlement.”
As a result, the Court ordered that Pramod Singh Kirar be appointed as a Constable within four weeks.
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