The criminal records of family member is examined for issuing of character certificate in uttar pradesh.
District Magistrate has no power to examine criminal record of applicant’s family member in issuance of character certificate. Character certificate does not give valid right to the applicant for doing any work on the basis of character certificate issued by competent authority.
In Manyata Dewi Vs State of Uttar Pradesh (25607/2013), it is held by the Supreme Court of India that the District Magistrate is the competent authority to issue character certificate but he is bound to issue character certificate on the basis of rules made by the state government therein and the rules do not require to inquire criminal record of family member of applicant and District Magistrate also can’t examine personal capacity of applicant towards the work for which character certificate is needed.
Shivendra Pratap Singh
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