Aurangabad bench of Bombay high court
Shaikh’s name appeared in the select list published on May 3, 2023, and MSEDCL recommended him for appointment on May 19, 2023, following medical examination and document verification. During character verification, however, he disclosed that an FIR registered in 2021 under various IPC provisions and the Arms Act was pending against him.
Chhatrapati Sambhajinagar: Aurangabad bench of Bombay high court has quashed Maharashtra State Electricity Distribution Company Limited ( MSEDCL )’s decision to cancel the candidature of a selected Vidyut Sahayak candidate, holding that the utility exercised its discretion in an “unreasonable and irrational manner”. Relying on the police verification report, MSEDCL cancelled his candidature.
Distinguishing a previous division bench ruling relied upon by MSEDCL involving prosecution for possession of elephant tusks, the court said the present matter arose from a private dispute involving cross FIRs.
MSEDCL defended its decision, citing the seriousness of the allegations, the pendency of the case at the time and the discretion available to the appointing authority under the Supreme Court’s ruling in Avtar Singh vs Union of India (2016). Listing the case’s distinguishing features, the court noted that the petitioner belonged to the economically weaker section, was 24 years old when the case was registered, had been acquitted within three months of cancellation of his candidature, and had made full disclosure of the criminal case. The court partly allowed the petition, quashed the cancellation letter and directed MSEDCL to reconsider Shaikh’s candidature for the post of Vidyut Sahayak on the basis of the May 19, 2023, recommendation letter.
Rejecting MSEDCL’s concerns, the bench termed its apprehension that he could endanger the public as “ill-founded, misplaced and misconceived”. It, however, denied consequential reliefs such as seniority and monetary benefits, noting that he had not worked on the post.