In a landmark judgment, the Jammu and Kashmir and Ladakh High Court has ruled that the mere existence of a pending criminal case does not disqualify an individual from securing or continuing in a government job.
A Division Bench comprising Chief Justice Tashi Rabstan and Justice M A Chowdhary delivered this verdict while dismissing an appeal filed by the Union Territory of Jammu & Kashmir against an earlier ruling by the Central Administrative Tribunal (CAT).
The case centered around an individual appointed under SRO 43, a policy granting government jobs to the next of kin of deceased employees. The respondent’s appointment was sanctioned by the Jammu & Kashmir PWD (R&B) Division Bhaderwah and approved by the administrative department on November 22, 2023. He formally joined the position on December 6, 2023, after completing the necessary formalities.
Subsequently, the respondent disclosed that he was facing a criminal trial under the NDPS Act. However, a character verification report from the CID did not flag any adverse findings. Despite this, the appointing authority revoked his appointment on January 3, 2024, citing the ongoing case as justification.
Challenging the decision, the respondent approached the CAT, which ruled in his favor, deeming the revocation unjustified. The High Court upheld this decision, reinforcing that an unproven criminal charge cannot be grounds for employment disqualification.
