minakshi bindhani
22 November 2021
As per your concerned query!
There is no bar to applying for any govt. job even when a case is pending against you.
However, there are many Supreme Court rulings a person facing criminal cases cannot be considered suitable for appointment in Government service unless acquitted of the charges.
In the case of Avtar Singh v. Union of India and others, the Supreme Court laid down guidelines regarding the recruitment of a candidate against whom criminal charges are pending. The Supreme Court held that person against whom there are criminal charges, may or may not be hired for a government job. Discretion lies with the employer.
However, the employer must conduct a full background check of the candidate before making a decision. The nature of offences and allegations are also taken into consideration.
The court also held that if the person has been acquitted of all charges by the court he is entitled to get the job. But the acquittal should be based on merits and not a settlement with the complainant.
A person against whom multiple charges are pending is likely to be rejected.
Hope it is helpful!
Regards
Minakshi Bindhani