The Supreme Court of India has upheld a ruling by the Kerala High Court, stating that a state government cannot deny an individual a job solely based on the registration of an FIR. The decision reinforces the principle that a mere criminal charge, without a conviction, should not be a barrier to employment.
Background:
The case arose when the Kerala government refused to provide a job to an individual based on the fact that an FIR had been registered against them. The petitioner challenged this decision, arguing that being named in an FIR does not equate to guilt, and the denial of employment based on such grounds is unjust.
Court’s Rationale:
The Supreme Court agreed with the Kerala High Court’s view that the mere registration of an FIR cannot be considered as sufficient grounds for job denial. It emphasized that an individual is presumed innocent until proven guilty and that employment decisions should not be based on unproven allegations. The Court further noted that employers, especially the state, must consider the final outcome of criminal proceedings before making such decisions.
Existing Measures:
The ruling reiterates the importance of fair practices in recruitment, particularly concerning individuals involved in legal proceedings. It draws attention to the need for clear guidelines on how FIRs should be treated in relation to employment opportunities, emphasizing that state agencies must ensure that such decisions do not violate the principles of natural justice.
Conclusion:
This landmark ruling affirms that employment opportunities cannot be denied based solely on an FIR, upholding the rights of individuals to work and earn a livelihood while their legal cases are still pending. The Supreme Court’s decision ensures that state actions in such matters must align with constitutional principles of fairness and justice.