Pat HC | Tribunal’s decision of denying employment on grounds of petitioner’s involvement in criminal cases upheld 

Patna High Court

Patna High Court:The DivisionBench comprising of A.P Sahi, CJ and Ashutosh Kumar, J. dismissed the writ petition on the grounds that the petitioner having a criminal involvement had submitted invalid certificates whose issuance was denied by the police authorities.

The petitioner was allegedly denied an opportunity of employment due to his mere involvement in a criminal case. The respondent 7, namely, Smt. Nilam Devi, was lower in merit than the petitioner and therefore any appointment offered to her is should be considered to be contrary to the Rules.

The respondent 7 had been appointed and on a complaint the impugned appointment was cancelled on 30-03-2010. The respondent had challenged it before the Tribunal and after recording its findings a direction was issued to issue a fresh offer of appointment in accordance with the merit. The respondent 7 again succeeded in getting appointed which was challenged by the present petitioner through Original Application before the Central Administrative Tribunal, whose judgment has been challenged in the instant petition.

The Tribunal had recorded two clear findings; firstly that charge-sheet had been submitted against the petitioner in two criminal cases which came to light during police verification, and, secondly that the petitioner had obtained a certificate from the Police Department through an official who denied the issuance of such a certificate.

The Court held that the findings of the Tribunal could not be tinkered with inasmuch as the filing of the charge-sheet in the two criminal cases against the petitioner had not been disputed. The issuance of the certificate was also denied by the police official himself strengthened the fact of an employment being sought on the basis of a certificate which does not appear to have been issued by the appropriate authority. In essence, the claim of employment of the petitioner was denied on the grounds of his being involved in a criminal case and taking recourse to a certificate which was otherwise invalid.

In view of the above noted facts, the instant petition was disposed off since the Court saw no reason to interfere with the order of the Tribunal. [Ramesh Kumar Ram v. Union of India, 2019 SCC OnLine Pat 1602, decided on 17-09-2019]

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