New Delhi: A person facing criminal cases
cannot be considered suitable for appointment in government
service unless acquitted of the charges, the Supreme Court has
Quashing the appointment of constable SK Nazrul Islam,
the apex court said, "Surely, the authorities entrusted with
the responsibility of appointing constables were under duty to
verify the antecedents of a candidate to find out whether he
is suitable for the post of constable.
"And so long as the candidate has not been acquitted in
the criminal case of the charges he cannot possibly be held to
be suitable for appointment to the post of constable.
A bench of justices R V Raveendran and A K Patnaik passed
the judgement while upholding the West Bengal government`s
appeal challenging the high court`s direction to appoint Islam
despite the fact that he was facing criminal charges.
Islam who was provisionally recruited in 2007 but during
verification, it came to light that he was on bail and facing
criminal charges under several IPC sections. The government
soon terminated his appointment.
He then approached the Administrative Tribunal which
dismissed his plea, following which he appealed in the high
court. The court, however, directed his appointment subject
to the final outcome of the criminal trial pending against
him. The state appealed in the apex court.
Upholding the appeal, the bench said, "We fail to
appreciate how when a criminal case under IPC Sections 148,
323, 380, 427 against the respondent was pending in the court
of the Additional Chief Judicial Magistrate, Uluberia, Howrah,
any mandamus could have been issued by the high court to the
authorities to appoint the respondent as a constable."
Accordingly it quashed the High Court order.