Court rules that police reports should focus solely on criminal antecedents, leaving employment suitability to employers.
In a landmark judgment, the Kerala High Court, presided over by Justice Bechu Kurian Thomas, has quashed a police verification report that declared an employee "not suitable for employment" based on pending criminal charges. The court emphasized that police verification reports for employment should strictly contain details of criminal antecedents and not express opinions on a candidate's suitability for a job. This judgment could have widespread implications for employment practices, particularly concerning how employers assess potential candidates with pending legal issues.
The case revolved around petitioner Midhun M., an employee of Hindustan Latex Limited (HLL) Lifecare Limited, a Government of India enterprise. Midhun faced potential termination from his job following a police verification report that labeled him unsuitable for employment due to his involvement in a motor vehicle accident in August 2025, which resulted in a fatality. This incident led to the registration of a crime under Sections 281, 125(a), and 125(b) of the Bharatiya Nyaya Sanhitha, 2023.
Midhun's employer issued a show-cause notice based on the police report, prompting him to file a writ petition challenging the report. The court found the police report to be arbitrary, lacking authority, and not in line with statutory provisions. Justice Thomas highlighted that Section 53 of the Kerala Police Act, 2011 mandates police verification to focus on criminal antecedents without venturing into employment suitability, which remains the prerogative of the employer.
The court's decision drew support from a previous ruling in Manju B. v. District Police Chief, emphasizing that the responsibility to assess a candidate's suitability lies solely with the employer. The judgment also suggested revising the format of police verification reports to exclude columns that invite opinions on employment suitability.
This ruling underscores the importance of delineating the roles of police authorities and employers in the hiring process, ensuring that employment decisions are based on comprehensive assessments of candidates beyond mere legal entanglements. The decision has been hailed as a step towards protecting individuals' rights to fair employment opportunities while maintaining the integrity of police verification processes.
Bottom line:-
Police verification reports for employment must only contain details of criminal antecedents and cannot express opinions on the suitability of a candidate for employment.
Statutory provision(s): Kerala Police Act, 2011 Section 53, Bharatiya Nyaya Sanhitha, 2023 Sections 281, 125(a), 125(b)
Midhun M. v. Hindustan Latex Limited, (Kerala) : Law Finder Doc id # 2924428
