An ongoing criminal case cannot serve as the sole reason to deny a character certificate to an applicant, the Allahabad High Court has ruled.
A division bench comprising Justice Prakash Padia and Justice Vivek Saran issued the determination while hearing a petition challenging a rejection order passed by the Jalaun District Magistrate. The court held that administrative authorities cannot turn down an application for a character certificate simply because criminal proceedings remain pending against the individual.
Challenge Against Certificate Rejection
The matter reached the High Court after the Jalaun District Magistrate turned down the petitioner’s request for a character certificate. The official had based the refusal on a pending criminal case registered under Sections 323, 504, and 506 of the Indian Penal Code.
Seeking judicial intervention, the applicant asked the court to set aside the magistrate’s decision and order the local administration to evaluate his application afresh.
Judicial Precedents and Supreme Court Guidelines
During the proceedings, the petitioner’s counsel highlighted a previous decision by a division bench in the case of Anil Kumar vs. State of U.P. and others. In that instance, which similarly involved pending charges under IPC Sections 323, 504, and 506, the High Court directed either the Superintendent of Police or the District Magistrate to issue the certificate in a specified format within three weeks.
The attorney further contended that because the administrative refusal took place before the trial court had issued an acquittal order, the competent authority was obligated to reconsider its stance. This argument drew upon the legal principles established by the Supreme Court in Avatar Singh vs. Union of India, which governs how pending criminal cases, acquittals, convictions, and non-disclosure of information impact employment decisions.
