(MENAFN- Kashmir Observer) Srinagar- In a significant ruling, the Jammu and Kashmir and Ladakh High Court has held that the mere pendency of a criminal case does not disqualify an individual from being appointed to a government post or carrying out their duties.
A Division Bench comprising Chief Justice Tashi Rabstan and Justice M.A. Chowdhary made this observation while dismissing an appeal filed by the Union Territory of Jammu & Kashmir against a decision of the Central Administrative Tribunal (CAT).
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Background of the Case
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The case involved a respondent who was appointed under SRO 43, a provision allowing government employment to the next of kin of a deceased employee. The appointment, issued by the Jammu & Kashmir PWD (R&B) Division Bhaderwah, was approved by the administrative department on November 22, 2023. The respondent joined the post on December 6, 2023, after completing formalities.
However, after joining, the respondent disclosed that he was facing a criminal trial under the NDPS Act. Despite this, a character verification report from CID found no adverse remarks against him.
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On January 3, 2024, the appointing authority withdrew the appointment, citing the pending criminal case as the reason. The respondent challenged this decision before the Central Administrative Tribunal (CAT), which ruled in his favor, stating that the withdrawal was unjustified.
High Court's Ruling
The Division Bench of the High Court, while hearing the appeal by the UT of J&K, upheld the presumption of innocence until proven guilty. The Bench ruled that a person facing trial cannot be denied employment solely based on an unproven charge.
The Court also referred to the J&K Civil Services (Verification of Character and Antecedents) Instructions, 1997, which require periodic verification of government employees' character and antecedents. Since the respondent had disclosed the pending case and the CID verification report had no adverse findings, the Court found no legal ground to cancel the appointment.
Implications of the Judgment
By dismissing the UT's appeal, the High Court has reaffirmed the principle that mere pendency of a criminal case cannot be grounds for denying employment in government service unless there is a conviction. The ruling ensures that individuals are not penalized for unproven allegations and strengthens the legal principle of presumption of innocence. (KNS)
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