Statute/Rules Allowing Employer To Deny Appointment Only Due To Non-Disclosure Of Criminal Cases Would Be Unjust: Allahabad HC

The Allahabad High Court has observed that any statute/rules/instructions that empower an employer to deny appointment to a candidate only because of non-disclosure of criminal cases would be unjust and unreasonable. The order was passed relying on Clause 8 of the Office Instructions, which provides that a candidate would be declared unfit for appointment if he had concealed or made any misrepresentation regarding any criminal case registered against him or regarding any trial, acquittal, or conviction in a criminal case or if the candidate had been convicted for any offence involving moral turpitude. So far as the Office Instructions dated 22.5.2018 are concerned, the Court noted that Clause 8 of the Government order provides that where a candidate had been acquitted or convicted by a court in any criminal case, the matter shall be referred to the District Magistrate who shall submit his report/ recommendation regarding the fitness of the candidate for appointment and the Superintendent of Police shall take a decision in accordance with the recommendations of the District Magistrate. In view of the reasons given above, the court allowed the petition, holding that mere nondisclosure of the criminal case could not be fatal to the petitioner's appointment.