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All past records of any child under the Juvenile Justice system should be erased except in special c

Union Of India and Ors. vs. Ramesh Bishnoi ., CIVIL APPEAL NO.9109 OF 2019 [ARISING OUT OF SPECIAL LEAVE PETITION [C] NO.26395 OF 2018] – Dated on November 29, 2019

The bench comprising of honorable Justice Vineeth Saran and Justice Uday Umesh Lalit set aside the judgements of the lower court where the respondent was denied the post of Sub-inspector even though he got selected. The appointment was denied on the ground that the respondent had criminal charges registered in the past.

The respondent appeared in the written examination and physical endurance test and was selected and offered appointment. The appointment was denied by the committee stating that he had criminal charges registered under his name. Challenging the said order, he filed a writ petition in the high court of Rajasthan where the court had acquitted the respondent. The court stated that merely due to lack of evidence and compromise he was acquitted and that the offence in the charge sheet falls in the category of serious offence. Hence the respondent was not considered suitable for the appointment on the post of sub inspector in CISF.

The aggrieved party filed a special leave petition (No.1310 of 2018) challenging the previous order given by the high court of Rajasthan. The learned counsel argued that, firstly, it was disputed that the criminal charges against the party was not proved due to lack of evidence which resulted in the acquittal of the party. Secondly, even if the allegations were said to be true, the respondent could not have been deprived of this job since the charges was filed when he was under 18 years of age. Under the Juvenile Justice (care and protection of children) act 2015, It envisages that, even if a juvenile has been convicted, the same should be obliterated, so that there should be no stigma with regard to any crime committed when he was a juvenile.

Section 3 of the Juvenile Justice (Care and Protection of Children) Act, 2015 lays down guidelines for the Central Government, State Governments, the Board and other agencies while implementing the provisions of the said Act. In clause (xiv) of Section 3, it is clearly provided as follows:

“…………….. (xiv) Principle of fresh start: All past records of any child under the   Juvenile   Justice   system should be erased except in special circumstances. ………………”

For the reasons given herein above, the honorable judges recashed and set aside the previous orders given by the courts. Further it was held at the respondent had fairly disclosed about the charges which had been framed and his acquittal on the basis of no evidence having been adduced by the complainant against the respondent.

Thereby, the following was pronounced,

“The case against the respondent is not with regard to the suppression of any conviction or charges having been framed against him. The respondent had very fairly disclosed about the charges which had been framed and his acquittal on the basis of no evidence having been adduced by the complainant against the respondent.  In our considered view, the same can also not be said to be a suppression by the respondent, on the basis of which he could be deprived of a job, for which he was duly selected after   following   the   due   process   and   appointment   having   been offered to him”

Hence, the respondents in this case where directed to activate the offer of appointment for the petitioner, for the post of Sub inspector in Central Industrial Security Force.

View or download judgement – Union of India & Ors. v. RAMESH BISHNOI.pdf

Ukkash F

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