Appointment Cannot Be Denied Solely Due To Criminal Case Registration: Allahabad High Court

Prayagraj, August 16: The Allahabad High Court ruled that merely registering a case under Section 498A of the IPC cannot serve as a reason to deny someone a job. The court emphasized that such cases are often filed to pressure the entire family.

Justice JJ Munir passed this order while hearing the petition of Baba Singh. The court issued notices to the District Magistrate (DM) of Mirzapur and the Chief Engineer of Minor Irrigation, seeking their responses. The court clarified that laws designed to exclude individuals with a criminal background from public service do not disqualify candidates involved in family disputes.

Section 498A Used to Pressure Families

The court observed that complaints under Section 498A often target entire families, which can unfairly impact employment opportunities. It added that assessing a candidate’s criminal history based on such cases could severely harm public employment prospects.

Decision to Cancel Selection Challenged

The case involved the cancellation of Baba Singh’s selection as an Assistant Boring Technician on February 16. The decision cited a criminal complaint lodged due to marital discord between his elder brother and his wife. The complaint, filed under Sections 498A and 323 of the IPC and Section 4 of the Dowry Prohibition Act, implicated all family members, including the petitioner. The court stayed the proceedings of the criminal case after the petitioner challenged it under Section 482 of the CrPC.

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