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kavksatyanarayana (subregistrar/supdt.(retired))     04 October 2021

An accused person gets nothing.

minakshi bindhani   05 October 2021

As per your query!

Government Job is highly regarded in India due to the permanency of Job along with prestige and respect in the society.

In the case of Avtar Singh v. Union of India and others, the Supreme Court laid down guidelines regarding the recruitment of a candidate against whom criminal charges are pending. The Supreme Court held that person against whom there are criminal charges, may or may not be hired for a government job. Discretion lies with the employer. However, the employer must conduct a full background check of the candidate before making a decision. The nature of offences and allegations are also taken into consideration.
The court also held that if the person has been acquitted of all charges by the court he is entitled to get the job. But the acquittal should be based on merits and not a settlement with the complainant.
A person against whom multiple charges are pending is likely to be rejected.

Hope it clarifies the issues!
Minakshi Bindhani

Ananya Gosain   09 October 2021

Adding to the last reply, In Ashutosh Pawar vs High Court Of Madhya Pradesh on 12 January, 2018 the court held expectations from a Magistrate are of a much higher standard. There cannot be any compromise in respect of rectitude, honesty and integrity of a candidate who seeks appointment as Civil Judge.

The personal conduct of a candidate to be appointed as Judicial Officer has to be free from any taint. The standard of conduct is higher than that expected of an ordinary citizen and also higher than that expected of a professional in law as well. The same must be in tune with the highest standard of propriety and probity. Even if the individual was acquitted in criminal cases it would not make him eligible, as the criminal proceedings are with the view to find culpability of commission of offense whereas the appointment to the civil post is in view of his suitability to the post. The test for each of them is based upon different parameters and therefore, acquittal in a criminal case is not a certificate of good conduct to a candidate.

Hope this helps 


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