Mere Registration of FIR not Disqualify from Job- P&H HC
According to a recent ruling by the Punjab & Haryana High Court, the simple filing of a criminal complaint against a candidate cannot be used as a justification to deny them the opportunity to apply for a position and be considered for one.
The statement was issued by the Justice Rajbir Sherawat Bench in response to a motion to vacate the withdrawal of petitioner Mandeep Kaur’s appointment letter for the position of probationary officer.
Kaur told the court that she applied for a Probationary Officer position at a bank, was chosen, and received an employment letter before beginning her training in Gurgaon.
Kaur told the Bank during the training that she and her family members were the targets of criminal charges under IPC sections 147, 149, 453, 506, and 452 against them.
The Bank then requested that Kau obtain authorization in the matter. Later, Kaur was denied permission to attend training in Lucknow because she could not provide clearance. The FIR against Kaur was invalidated on July 20 of this year, it should be emphasised.
The Bank rejected her employment based on clause 9 of the appointment letter, which stated that her appointment was contingent upon receiving a favourable report regarding her background and character.
In front of the court, Kaur’s attorney claimed that no case against Kaur had been filed at the time she applied for the position, and that the aforementioned FIR has since been dismissed.
The Bench stated at the outset that the FIR in question has since been quashed and the justification for the petitioner’s denial of appointment has therefore been eliminated.
The court said that there is no rule requirement that an appointment can be denied solely because a criminal case was registered, and that the respondents’ reliance on the proviso in the appointment letter is invalid and immaterial.
As a result, the court nullified the contested order and ordered that the petitioner get an appointment letter within two months.
Mandeep Kaur
vs
Canara Bank & Anr
