JAMMU, Feb 17: Jammu and Kashmir and Ladakh High Court has ruled that the pendency of a criminal case does not bar an individual from being appointed to a Government position or performing their duties.
The Division Bench, comprising Chief Justice Tashi Rabstan and Justice MA Chowdhary, passed this ruling while dismissing an appeal filed by the Union Territory of Jammu & Kashmir.
The petitioners, the Jammu & Kashmir PWD (R&B), Division Bhaderwah, had issued the appointment on November 22, 2023, following approval from the administrative department but after joining the position on December 6, 2023, the respondent disclosed that he was facing a criminal trial, though he had not been convicted.
Despite this, the respondent was allowed to start his duties, with a character verification report from CID showing no adverse remarks.
However, on January 3, 2024, the petitioners withdrew the respondent’s appointment, citing the pendency of a criminal case under the NDPS Act.
The petitioners argued that the ongoing trial constituted grounds for cancelling the appointment. This led to the respondent filing an appeal before the Central Administrative Tribunal, which ruled in his favour, directing that the withdrawal of the appointment was unjustified.
The Division Bench held that the mere pendency of a criminal case should not be construed as a reason for denying a person their appointed role.
The Court emphasized the principle of presumption of innocence until proven guilty in a court of law, asserting that unless a person is convicted, their character cannot be judged based on the pending trial alone.
The Bench further referred to the J&K Civil Services (Verification of Character and Antecedents) Instructions, 1997, which mandate periodic verification of government employees character.
In this case, the respondent had disclosed his criminal charges, and the verification report from CID was clear of any adverse comments.
High Court dismissed the UT’s appeal, upholding the Tribunal’s decision and clarifying that the pendency of a criminal case should not obstruct an individual’s right to employment and performance of duties.
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