Legal Reference Library

The Delhi High Court reversing an order of disqualification from Central Armed Police Force on the basis of a history of brush with the penal law ruled that honourable acquittals and petty misdemeanours should not be negatively considered in appraising a candidate’s capabilities for a job. The judgement delivers important insights on how nature and motive of criminality is important to determine the gravity of the offence and the degree of moral turpitude and thereby legitimacy of the candidature. The court also observed that societal pressures occur upon an individual to leads him/her astray, minor offences committed out of ignorance should not be unjustifiably used to disregards their constitutional right to public employment. The case relates to a petition filed by a candidate whose appointment as the Constable (GD) CISF was withdrawn post the declaration he made in the enrollment form about his criminal antecedents. He was charged u/s 323/324/307/120-B/34 IPC but was also acquitted...

A recent verdict given by Justice Naveen Rao of the Hyderabad High Court states that daughters too are equally entitled to their deceased father’s terminal benefits. While dismissing a petition filed by one C Chandrasekhar, son of a deceased employee of Tirumala Tirupati Devasthanams (TTD), the judge ruled that an employer is not at fault if he decides to distribute the terminal benefits of a deceased employee in equal parts among the sons, daughters and other heirs of that employee. Chandrasekhar has however challenged the decision on the basis of argument that his father had nominated his mother; she should receive all the benefits and also that his sister is married and is not entitled. Chandrasekhar had applied for a job under compassionate grounds. His father Rajagopal died in December 2014 while in service. However, the TTD, in accordance with the service records of its employee, Rajagopal, asked him to obtain a no-objection letter from his sister for securing a job in the TTD ...