Order says candidate can be appointed even if a case is pending before court
Statesman News Service
Kolkata, 11 November
If any candidate in a selection process is an accused in a criminal case, it does not debar him from appointment unless he is subsequently found guilty in a criminal court, the Division Bench of Justice Nadira Patheria and Justice Tapas Mukherjee held today. The court thus directed the district nodal officer, Madhyamik Siksha Kendra (MSK), Bankura to appoint Mr Arindam Sanigrahi to the post of samprasharak, who teaches on contract at MSK.
The court, following the guidelines of the state panchayat department issued in 2001, held that an honours graduate should be given the appointment. Mr Sanigrahi is a honours graduate
A criminal case was pending against Sanigrahi. So, despite him having the best academic qualifications among the applicants, his candidature was rejected and another candidate was selected.
The selection process started in February, 2007 and the appointment was made in April. Mr Sanigrahi challenged the appointment, but in 2011 it was dismissed by a a Single Bench of this court.
Appearing for Mr Sanigrahi before the Division Bench, Mr Anjan Bhattacharya submitted that a pending criminal case cannot debar a candidate from getting appointment. If any candidate is an honours graduate, he or she should be given the appointment, and the petitioner was the only candidate having such qualifications.
If the selection committee has chosen a candidate, then his appointment cannot be set aside, Mr Biswaranjan Bhakat submitted, appearing for the candidate who has been selected. He has been working in this post since 2007 and will suffer financially if his appointment is set aside, it was further submitted.