Candidate cannot be denied job over pending minor criminal case: HC

Lucknow, The Allahabad High Court on Wednesday ruled that a candidate cannot be denied a government job solely because of a pending criminal case of a trivial nature, especially when the candidate has disclosed the case.

The order was passed by Justice Karunesh Singh Pawar of the Lucknow bench of the HC while allowing a service petition filed by one Rakesh Kumar Verma.

According to the petition, Verma was selected for the post of junior assistant by the Uttar Pradesh Subordinate Services Selection Commission and was also found medically fit.


However, he was denied an appointment due to a pending criminal case against him.

The petitioner submitted that a perusal of the FIR revealed only general and sweeping allegations regarding the demand of dowry against all family members, without attributing any specific role to him.

It was further argued that the offences mentioned in the case, though cognisable, were not of such gravity as to render him unsuitable for public employment.

The case against the petitioner was filed under sections 498-A (cruelty against wife), 323 (causing simple hurt), 504 (intentional insult) and 506 (criminal intimidation) of the IPC and Section 3/4 of the Dowry Prohibition Act.

Allowing the plea, the court observed that the allegations appeared to be trivial in nature and arose out of a domestic dispute, having no bearing on the discharge of duties attached to the post in question.