HC: Rejection of job applicant over pendency of criminal case not justified | Bhubaneswar News
Cuttack: Terming the rejection of candidature of a person for a post over pendency of a criminal case as “not justified”, the Orissa high court has held that an accused is presumed to be innocent until proven guilty and his acquittal implies acknowledgement of his innocence by the competent court.
The ruling was given recently in the case of Purna Chandra Majhi who despite being eligible was not considered for the post of accountant-cum-data entry operator on the ground that a criminal case was pending against him.
The acquittal order in his case was also not taken into consideration as it was passed (on March 20, 2024) after March 14, 2024, which was fixed as the cut-off date as the first selection board meeting was held then.
The bench of Justice Sashikanta Mishra on Feb 12 said, “It is fundamental to criminal jurisprudence that a person is presumed to be innocent until proven guilty. Further, acquittal from a criminal case implies acknowledgement of innocence of the accused by the competent court. Therefore, both situations have to be considered together.”
“Introducing a cut-off date would be tantamount to creating an artificial barrier inasmuch as the status of the person before the said date would be that of a person against whom a criminal case is pending while his status after the cut-off date would be of a person acquitted in the criminal case,” Justice Mishra observed in his judgment.
“In the first case, it would be contrary to the fundamental principle of presumption of innocence. In other words, if a cut-off date is fixed and his case is not considered as he was facing a criminal case before such date, it would be akin to treating him guilty,” he further observed.
“Thus, from a conspectus of the analysis of facts and law made herein before, this court is of the considered view that non-consideration of the case of the petitioner for absorption as accountant-cum-data entry operator was not justified firstly, on the ground of pendency of criminal case against him and secondly, despite his acquittal therefrom on the unconscionable ground of such acquittal being after March 14, 2024, ” Justice Mishra ruled.
Accordingly, he directed the authorities concerned “to consider the case of the petitioner for his absorption as accountant-cum-data entry operator as per the Odisha Accountant-cum-Data Entry Operator (Method of Recruitment and Conditions of Service) Rules, 2024, if he is otherwise found to be eligible for the same as per the statutory provisions”.
The ruling was given recently in the case of Purna Chandra Majhi who despite being eligible was not considered for the post of accountant-cum-data entry operator on the ground that a criminal case was pending against him.
The acquittal order in his case was also not taken into consideration as it was passed (on March 20, 2024) after March 14, 2024, which was fixed as the cut-off date as the first selection board meeting was held then.
The bench of Justice Sashikanta Mishra on Feb 12 said, “It is fundamental to criminal jurisprudence that a person is presumed to be innocent until proven guilty. Further, acquittal from a criminal case implies acknowledgement of innocence of the accused by the competent court. Therefore, both situations have to be considered together.”
“Introducing a cut-off date would be tantamount to creating an artificial barrier inasmuch as the status of the person before the said date would be that of a person against whom a criminal case is pending while his status after the cut-off date would be of a person acquitted in the criminal case,” Justice Mishra observed in his judgment.
“In the first case, it would be contrary to the fundamental principle of presumption of innocence. In other words, if a cut-off date is fixed and his case is not considered as he was facing a criminal case before such date, it would be akin to treating him guilty,” he further observed.
“Thus, from a conspectus of the analysis of facts and law made herein before, this court is of the considered view that non-consideration of the case of the petitioner for absorption as accountant-cum-data entry operator was not justified firstly, on the ground of pendency of criminal case against him and secondly, despite his acquittal therefrom on the unconscionable ground of such acquittal being after March 14, 2024, ” Justice Mishra ruled.
Accordingly, he directed the authorities concerned “to consider the case of the petitioner for his absorption as accountant-cum-data entry operator as per the Odisha Accountant-cum-Data Entry Operator (Method of Recruitment and Conditions of Service) Rules, 2024, if he is otherwise found to be eligible for the same as per the statutory provisions”.
