In a significant ruling, the Punjab and Haryana High Court has declared that authorities cannot deny a character certificate to an individual aspiring to join the Army under the Agniveer scheme simply because a criminal case is pending against them, particularly when formal charges have not been framed.
Court's Order on Aspirant's Petition
Justice Suvir Sehgal delivered this order while allowing a petition filed by Ramanpreet Singh. Singh had challenged the refusal of the competent authorities to recommend his character certificate, which is a mandatory part of the recruitment process for the Army Agniveer scheme. The refusal was based on an ongoing criminal case registered against him at the Jhander police station in Amritsar, related to allegations of abetment to suicide.
The petitioner is currently on bail, and the trial is pending. He argued that the mere registration of a First Information Report (FIR) does not equate to a finding of guilt. The competent authority had marked his application as "not recommended" citing the pendency of this FIR.
Government's Opposition and Court's Reasoning
The Punjab government strongly opposed the plea, submitting that Singh and three others are indeed facing criminal proceedings. They informed the court that the final investigation report under Section 173 of the CrPC has been filed, though charges are yet to be framed by the court.
After hearing arguments from both sides, the bench relied on a precedent established by the Patna High Court. That precedent held that authorities are permitted to issue a character certificate while explicitly mentioning the pendency of any criminal case against the individual. The Punjab and Haryana High Court observed that denying the certificate at this preliminary stage, before any trial or framing of charges, would be unjustified.
Directive to Re-examine the Matter
Setting aside the adverse report against Ramanpreet Singh, the High Court directed the competent authority in Amritsar to re-examine the matter. The court instructed the authority to consider issuing the character certificate, with the clear incorporation of a fact stating that a criminal case is pending against him.
This judgment underscores a crucial legal principle in recruitment processes: an allegation is not a conviction. It ensures that aspirants are not prematurely penalized for cases that are still under judicial scrutiny and where their guilt has not been established.
