Employment Cannot Be Denied Mechanically Over Matrimonial Allegations: Allahabad High Court

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  • Employment Cannot Be Denied Mechanically Over Matrimonial Allegations: Allahabad High Court
  • admin
  • 28 Oct, 2024

recent ruling, the Allahabad High Court asserted that involvement in family disputes, particularly as a peripheral party, should not automatically disqualify a candidate from public employment. The case, Baba Singh v. State of U.P. & Others, centered on Baba Singh, who had successfully cleared exams for the Assistant Boring Technician role with the Minor Irrigation Department in Uttar Pradesh. His appointment, however, was denied due to a pending family-related criminal complaint filed by his brother’s wife, accusing Singh and his family of harassment under dowry-related charges.
 
Despite Singh’s transparent application process, the Minor Irrigation Department cited the pending case as grounds for disqualification, following a "mechanical" approach, as the court termed it. Justice J.J. Munir pointed out that the department’s denial was based on routine reporting of the complaint’s existence without an independent character assessment, as mandated by a 1958 government order.
 
The court underscored the principle that the purpose of background verification is to prevent candidates with actual criminal antecedents from entering public service, not to penalize candidates entangled in minor, family-centered allegations. Drawing on precedents like Sandeep Kumar v. Commissioner of Police (2011) and Avtar Singh v. Union of India (2016), Justice Munir emphasized that minor offenses from family disputes should not be seen as moral failings and should be distinguished from serious criminal cases during employment verifications.
 
In the ruling, the court set aside the rejection of Singh’s application, instructing the Chief Engineer to reassess his case within a month, considering the candidate's merit and ensuring compliance with fair evaluation standards. The judgment serves as a reminder to authorities that public employment decisions should prioritize individual merit and fairness, rather than adopting a blanket approach based on unverified complaints from personal disputes.
 
 
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