Registration of Criminal Case Alone Not Sufficient to Disqualify Candidate from Government Job: Allahabad High Court

 

The Allahabad High Court has ruled that simply having an FIR registered against a person does not automatically make them ineligible for government employment.

Justice Jayant Kumar Sharma observed that unless a conviction is proven or serious misconduct is established, mere registration of a case should not prevent a candidate from being appointed to a public post.

 

Background of the Case
The court was hearing a petition filed by Devendra Yadav, whose appointment to the post of constable was denied during the 2015 police recruitment process. Authorities had cited a pending criminal case as grounds for rejecting his candidature.

The petitioner argued that although a case was registered, there was no conviction or adverse finding. After reviewing the matter, the court directed that the case be reconsidered without treating the FIR as automatic disqualification.

 

Other Key Decisions

• Exam Impersonation Case:
  In a separate matter, the court refused relief to a student accused of sending someone else to take an exam on their behalf. Justice Sharma stated that impersonation undermines the integrity of the examination system.
• Recovery of Excess Salary:
  The High Court also stayed recovery of excess salary payments from a petitioner who received higher pay for 13 years due to a clerical error. The court ruled that recovering large amounts after such a long period would be harsh and unfair.

 

Legal experts note that the judgment reinforces the principle that an allegation or mere accusation should not by itself be a basis to deny public employment.