2025:JHHC:18456 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 3120 of 2025 Kundan Das, S/o Nalin Das, R/o village-Sitakata, P.O. & P.S.-Karmatanr, District-Jamtara ..... .... Petitioner Versus 1. The State of Jharkhand 2. The Sub-Divisional Magistrate, Jamtara, officiating from, Jamtara, P.O. & P.S.-Jamtara, District-Jamtara 3. The Superintendent of Police, officiating from S.P. Office, P.O. & P.S. Jamtara, District Jamtara 4. The Officer in charge, of P.S.- Karmatanr, P.O. & P.S.-Karmatanr, District- Jamtara … …. Respondents CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY For the Petitioner : Mr. Kaushik Sarkhel, Advocate Mr. Abhishek Singh, Advocate For the Respondents-State : Mr. Kumar Pawan, AC to SC-Mines-III ------ Order No. 02 / Dated : 08.07.2025 1. Petitioner has been shortlisted for verification of the documents/certificates on the basis of computer-based test for Technician, Grade III post by the Railway Recruitment Board. 2. Petitioner is an accused in a criminal case being Karmatanr Cyber Crime P.S. Case No.25 of 2023 under Sections 414, 419, 420, 467, 471 & 120-B of the Indian Penal Code and Sections 66(B), (C) & (D) of the Information Technology Act, pending in the Court of learned Additional Sessions Judge- I, Jamtara. 3. The pendency of this criminal case against the petitioner is coming in the way of issuance of character certificate, jeopardizing his career prospects for which the instant writ petition has been filed. 4. It is submitted by the learned counsel appearing on behalf of the petitioner that in the said case, investigation has not been completed despite the inordinate delay and charge-sheet has not been submitted. Due to pendency of the criminal case, no competent authority is issuing the character certificate. 5. It is contended that in somewhat similar fact situation, the Allahabad High Court in WRIT-C No. 718 of 2025 (Anil Kumar & Ors. Vs. State of U.P.) directed that let the character certificate be issued reflecting the pendency of the criminal case. 2025:JHHC:18456 6. Learned counsel on behalf of the State submits that since criminal case of a serious nature involving cybercrime is pending against the petitioner, therefore, the character certificate is not being issued. 7. Having considered the submissions advanced on behalf of both the sides, the matter for consideration is if the competent authority is entitled to withhold the character certificate, in view of the pendency of criminal case? 8. I find merit in the argument on behalf of the Petitioner, that pendency of a criminal case cannot be a ground for withholding issuance of character certificate. Whatever be the character in the assessment of the authority concerned, the same should be issued reflecting the character assessment. If there is a pending criminal case, the same must be reflected in the said character. Otherwise also, if there is anything adverse that need to be mentioned in the character certificate, for any concealment may result in adverse inference. Consequences of concealment has dealt with at length by the Apex Court in Ex Constable/Driver Mukesh Kumar Raigar v. Union of India & Ors., (2023) 11 SCC 159 and the law has been summarized as follows: 93.2. Even in a case where the employee has made declaration truthfully and correctly of a concluded criminal case, the employer still has the right to consider the antecedents, and cannot be compelled to appoint the candidate. The acquittal in a criminal case would not automatically entitle a candidate for appointment to the post. It would be still open to the employer to consider the antecedents and examine whether the candidate concerned is suitable and fit for appointment to the post. 93.3. The suppression of material information and making a false statement in the verification form relating to arrest, prosecution, conviction, etc. has a clear bearing on the character, conduct and antecedents of the employee. If it is found that the employee had suppressed or given false information in regard to the matters having a bearing on his fitness or suitability to the post, he can be terminated from service. 93.4. The generalisations about the youth, career prospects and age of the candidates leading to condonation of the offenders' conduct, should not enter the judicial verdict and should be avoided. 93.5. The Court should inquire whether the authority concerned whose action is being challenged acted mala fide. 9. What can be culled out from the above authority is that it is for the employer to consider the character certificate to assess the suitability of the candidate for the incumbent post. Authority issuing the character certificate cannot 2025:JHHC:18456 deny it on the ground that there was something adverse. Writ Petition is, accordingly, allowed. Competent authority is directed to issue character certificate to the Petitioner, incorporating the entry regarding pending criminal case and any other adverse material against him. Pending I.A., if any, stands disposed of. (Gautam Kumar Choudhary, J.) Pawan/ -