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Union of India & Ors. v. Ramesh Bishnoi

Civil Appeal · 2019 INSC 1302Decided 29 Nov 2019
Civil Appeal No. 9109 of 2019
Justice Uday Umesh Lalit · Justice Vineet Saran

Background

The respondent was selected for the post of Sub-Inspector in the Central Industrial Security Force (CISF) after clearing the written exam and physical test, but his appointment was later cancelled because an FIR (for minor offences of teasing/holding a girl's hand) had once been registered against him: an incident that occurred when he was a minor and in which he was later acquitted after the complainant's family chose not to pursue it. The Rajasthan High Court (both the Single Judge and Division Bench) ruled in his favour and directed the authorities to activate his appointment, prompting the Union of India to appeal to the Supreme Court.

Decision Breakdown

The Supreme Court held that even if the allegations against the respondent were assumed true, they did not amount to an offence involving moral turpitude, particularly since he was a minor at the time. The Court relied on the "principle of fresh start" under Section 3(xiv) of the Juvenile Justice (Care and Protection of Children) Act, 2015, which requires that a juvenile's past records generally be erased so they can reintegrate into society without stigma, meaning even a juvenile conviction (let alone an acquittal) could not be held against him for employment purposes. The Court also found the respondent had fully and honestly disclosed the FIR and his acquittal in his application, so there was no suppression of material facts that could justify cancelling his appointment. The appeal by the Union of India was dismissed, and the respondent was held entitled to all consequential benefits within 30 days.

Lesson Learnt

A criminal case registered against a person while they were still a minor, especially one that ended in acquittal, generally cannot be used to deny them a government job later in life, and honestly disclosing such a past case (rather than hiding it) protects a candidate from being accused of suppression.

Official source (sci.gov.in)View Judgment (PDF)

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