Case Pending For Offence Committed As Juvenile Doesn't Disqualify Person From Govt Job As Adult: Allahabad High Court

The Allahabad High Court has held that conviction as juvenile or a case pending for an offence committed as juvenile does not disqualify the delinquent from applying for job as an adult. It held that denying right to earn livelihood during pendency of criminal cases would have far reaching consequences for the person which cannot be compensated. Referring to Section 19 of the Juvenile Justice (Care and Protection of Children) Act, 2000, Justice Shree Prakash Singh held,“A bare reading of the abovesaid provision, makes it abundantly clear that the juvenile, who is alleged to have committed any offence and has been dealt with under the provision of the 'Act, 2000', would not suffer any disqualification since his/her conviction, though this provision does not disclose regarding any impact. Thus, the intent of the legislature is very clear that such juvenile even convicted for an offence, would not make him disqualified.”Employees' State Insurance Corporation (ESIC) issued an advertisement for recruitment on the posts of Upper Division Clerks(UDC), Stenographers and Multi-Tasking Staff (MTS) in Uttar Pradesh region of ESIC. Petitioner applied for the post of MTS and was shortlisted. After verification of documents, petitioner was offered appointment which he accepted and disclosed the two criminal cases pending against him.While other candidates were issued joining letter, the petitioner was informed that his letter would be issue after police verification which was pending. Accordingly, petitioner approached the High Court for issuance of joining letter. It was argued that the pendency of the case in which petitioner was a juvenile delinquent would not come in the way of his appointment. Counsel for respondents argued that there was adverse police verification report, therefore, legal opinion has been sought on the representation by the petitioner for his joining. The Court relied on Union of India And Others Versus Ramesh Bishnoi where the Supreme Court had held that even if a juvenile is convicted, it would not be a ground to disqualify him from getting a job. Accordingly, Justice Singh held that even pendency of criminal case for offence committed as minor would not have any bearing in appointment in government or private jobs. Observing that in India, the Courts are overburdened and often cases remain pending for a long time, the Court held that if appointments are not granted for pendency of such cases and later the delinquent is discharged in the Final Report, it will cause irreparable loss and injury to such person which cannot be compensated. “It is of worth consideration that if the charges are not serious in nature and the final reports are filed in such cases, the accused persons should not be deprived of for getting the job because of pending consideration of such final reports. Actually, if the final report is rejected and such accused person is convicted, the legal recourse is always open for the government/department concerned to dispense with the services of such employee.”The Court observed that in one case a Final Report had been submitted but the Trial Court had not passed any order, therefore, no adverse inference can be drawn against the petitioner. It held that the adjudication can result in acquittal or conviction. Preventing a person from livelihood during the pendency of such cases would have far reaching consequences which cannot be justified in common sense or law. “The laws are meant for putting the society in order. The application of laws can never be in vacuum, but, infact, to all the extent, it impacts human being. If the law applies and resulted into soothing the heart of a person,infact in the real sense, the object of such law succeeds. Consequently, the petitioner cannot be thrown to suffer for unlimited period of time, to wait for a job, because of the pending final report for it's adjudication.”Accordingly, the Court directed the Regional Director, Employees State Regional Corporation, Regional Office, Kanpur, U.P. to issue joining letter to the petitioner within 30 days. Case Title: Shusheel Tripathi v. U.O.I. Thru. Secy. Ministry Of Labour And Employment New Delhi And 4 Others Click Here To Read/Download Order

Case Pending For Offence Committed As Juvenile Doesn't Disqualify Person From Govt Job As Adult: Allahabad High Court

Upasna Agrawal

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Case Pending For Offence Committed As Juvenile Doesn't Disqualify Person From Govt Job As Adult: Allahabad High Court

Upasna Agrawal

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