Section 498A IPC is Now Reputed to be Lodged Against Entire Family to Pressurise- Employment Prospective Can’t be Denied Due to This: Allahabad HC

In a notable ruling, Justice J.J. Munir of the Allahabad High Court examined the issue of denying public employment to candidates due to criminal records stemming from family disputes. The case, Baba Singh vs. State of U.P. and Others (Writ – A No. 12055 of 2024), concerns the cancellation of the petitioner Baba Singh’s selection for the position of Assistant Boring Technician in the Department of Minor Irrigation.

The petitioner, represented by Adv. Chandan Sharma, had his selection for the post of Assistant Boring Technician revoked by an order dated February 16, 2024. The cancellation was based on the involvement of Baba Singh’s elder brother and sister-in-law in a marital dispute, which resulted in the father-in-law filing a criminal complaint under Section 498A (cruelty by husband or relatives), Section 323 (voluntarily causing hurt) of the Indian Penal Code, and Section 4 of the Dowry Prohibition Act against the elder brother and all family members, including the petitioner.

Baba Singh challenged the criminal complaint by filing an application under Section 482 No. 17829 of 2024 with the Allahabad High Court. The court responded by issuing a notice and granting a stay on the ongoing proceedings of the complaint before the Magistrate.

Legal Issues Involved:

The core legal question in this case was whether the existence of a criminal complaint stemming from a family dispute could be used as a valid reason to deny public employment to a candidate. The court examined whether the rejection of a character certificate and the subsequent cancellation of employment were justified under the legal principles related to criminal antecedents in public employment.

Court’s Observations and Decision:

Justice Munir, while issuing notices to the District Magistrate of Mirzapur and the Chief Engineer of Minor Irrigation, U.P., Lucknow, made important observations about the misuse of Section 498A and its effects on public employment.

The court highlighted that the intent of the law to exclude individuals with criminal records from public service does not extend to disqualifying candidates simply because they are implicated in family disputes. Justice Munir remarked, “A complaint under Section 498A is now commonly filed against the entire family to exert pressure… If such offenses are considered when evaluating a candidate’s criminal history, it would greatly undermine the fairness of public employment.”

The court also emphasized that the denial of a character certificate should not be done mechanically or without careful consideration of the circumstances. The District Magistrate was criticized for failing to handle the situation with the necessary sensitivity and was instructed to provide a valid reason for not issuing the certificate. The court stated, “A character certificate should not be refused mechanically and without due thought. The District Magistrate should have approached the matter with greater sensitivity.”

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The court has directed the District Magistrate of Mirzapur and the Chief Engineer of Minor Irrigation, U.P., Lucknow to submit their affidavits by August 22, 2024, explaining why the contested order should not be overturned and why the petitioner’s appointment should not be granted.

The next hearing is set for August 22, 2024, and the order must be communicated to the relevant officials by the Registrar (Compliance) within 24 hours.