Union of India & Ors. v. Mukesh
Case brief
What is this about?
Delhi HC dismisses writ petition against CAT order (O.A. No.71/2025, 08.08.2025) directing appointment of respondent as Constable: denial stemmed solely from criminal case born of matrimonial discord (acquittal under S.498A IPC on 10.10.2023; S.406 IPC offence compounded; mutual-consent divorce under S.13B Hindu Marriage Act, 1955 on 18.10.2023; seven years' prior CISF service; no other adverse material). Employer's discretion to vet antecedents must be exercised judiciously and fairly; denial order lacked application of mind; no ground for Article 226 interference. Pramod Singh Kirar v. State of Madhya Pradesh (SC) referred as basis of Tribunal's direction.
What did the court decide?
Although the employer possesses the discretion to take relevant facts and circumstances into consideration before offering employment, such discretion must be exercised judiciously and in a fair and reasonable manner, keeping in view the facts of each case.