Acquittal In Criminal Case Does Not Disentitle Employer From Conducting Enquiry Prior To Granting Employment: Kerala High Court

Posted On - 18 November, 2023 • By - King Stubb & Kasiva

[1]The Kerala High Court ruled that the government can conduct an independent enquiry to assess a candidate’s character for public service employment, even if acquitted in a criminal case. The case involved a petitioner who was denied a police constable position due to criminal antecedents. The court stated that the government can consider allegations and materials from the criminal case to assess the candidate’s character and integrity. The court emphasized that an acquittal for lack of evidence does not preclude the government from conducting an independent enquiry if it cannot form an opinion about the candidate’s character based on prosecution allegations alone.

[1] OP (KAT) No. 267 of 2021