Supreme Court: Job Appointments Cannot Be Denied Due to Past Trial Under Section 498A IPC
The Supreme Court has directed the appointment of a candidate whose job application was rejected because he was previously tried under Section 498A of the IPC.
Pramod Singh Kirar, the petitioner, applied for the post of Constable in 2013 and was initially appointed. During the verification phase, he disclosed that he had been tried under Section 498A IPC and was later acquitted. Despite this, his appointment was cancelled due to his involvement in the criminal case.
The Madhya Pradesh High Court upheld this rejection, stating that an employer has the right to consider a candidate’s criminal history, even if they were acquitted and had truthfully declared the concluded case.
However, the Supreme Court bench, comprising Justices MR Shah and CT Ravikumar, observed that the alleged offence was related to a matrimonial dispute and had been settled out of court. Additionally, there was no suppression of material facts in Kirar’s declaration.
“Under the circumstances and in the peculiar facts of the case, the appellant could not have been denied the appointment solely on the aforesaid ground that he was tried for the offence under Section 498A of IPC and that too, for the offence alleged to have happened in the year 2001 for which he was even acquitted in the year 2006 may be on settlement,” the court stated.
Consequently, the Supreme Court directed that Kirar be appointed to the post of Constable within four weeks.
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