Court rules that pendency of charges should not solely impede the issuance of character certificates for individuals seeking employment.
In a significant judgment, the Punjab and Haryana High Court has ruled that a character certificate cannot be denied solely due to the pendency of a criminal case against an individual. The Court directed the competent authority to reconsider the issuance of a character certificate for Ramanpreet Singh, who is named as an accused in a criminal case but has not yet been charged.
The judgment was delivered by Justice Suvir Sehgal in response to a writ petition filed by Ramanpreet Singh, who sought a character certificate for his recruitment process as Agniveer (General Duty). Singh's application for the certificate was declined by the respondent authority citing the ongoing criminal case against him, despite his release on bail.
The court referred to a precedent set by the Patna High Court in the case of Pankaj Kumar v. The State of Bihar, which established that the pendency of a criminal case should be included in the character certificate rather than serving as a basis for denial. Justice Sehgal underscored the importance of this precedent in ensuring that the issuance of character certificates is not unjustly withheld from individuals who are undergoing legal proceedings but have not been formally charged.
The judgment highlighted the need for authorities to incorporate the fact of the criminal case's pendency within the certificate itself, thereby allowing the petitioner to proceed with his employment application process without undue hindrance.
The court's decision mandates the competent authority to re-examine Ramanpreet Singh's application and issue the character certificate, duly noting the pending criminal case, within two weeks from the order's communication. This ruling underscores a balanced approach to justice, ensuring that individuals are not unfairly penalized in their professional endeavors due to unresolved legal proceedings.
Legal experts have hailed the judgment as a progressive step in aligning procedural fairness with employment opportunities, emphasizing the principle that pending legal matters should not unduly obstruct one's career path, especially when charges have yet to be framed.
Bottom Line:
Character certificate cannot be denied solely based on the pendency of a criminal case; competent authority must incorporate the fact of pendency of the criminal case in the certificate.
Statutory provision(s): Section 173 of the Criminal Procedure Code, 1973
Ramanpreet Singh v. State of Punjab, (Punjab And Haryana) : Law Finder Doc Id # 2815603
