Supreme Court: Job Cannot Be Denied for Mere Trial Under IPC 498A
The Supreme Court has ruled that a candidate cannot be denied a job appointment simply because he was tried under Section 498A of the Indian Penal Code (IPC), especially if he was later acquitted.
Case Background
In 2013, Pramod Singh Kirar applied for the post of Constable and successfully cleared the selection process. During the background verification, he truthfully disclosed that he had been tried under IPC Section 498A but was acquitted. Despite this, his appointment was canceled, citing his past involvement in a criminal case.
High Court’s Decision
The Madhya Pradesh High Court (HC) upheld the cancellation, stating that even if a candidate truthfully declares a criminal case and is later acquitted, the employer has the right to consider his background and refuse the appointment.
Supreme Court’s Verdict
A bench comprising Justices MR Shah and CT Ravikumar overturned the HC’s decision. The court noted:
- The offence was related to a matrimonial dispute and was settled out of court.
- The candidate did not hide any information and was acquitted in 2006 for an incident that allegedly happened in 2001.
- Past legal trials should not be the sole reason for rejecting an appointment, especially when the candidate has been acquitted.
The Supreme Court directed that Kirar be appointed as a constable within four weeks.
Implications of the Ruling
This verdict sets an important precedent. It ensures that employers cannot reject a candidate solely based on past legal trials if they have been acquitted. The ruling reinforces that acquittal should restore a candidate’s rights, preventing unfair job denials.
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