Indian Kanoon - Search engine for Indian Law

62. Material in the record should strongly support the inference of criminal traits, or a tendency of involvement in criminal offences, or to directly engage in criminal acts or vice and violence in the conduct. These qualities are not conducive to holding public office. On this foot the authority can justify denial of appointment.

IV.ii-B. Line of Enquiry - Mitigating Factors

63. The line of enquiry shall extend to the consideration of mitigating factors in each case.

64. The authority has to make allowance for mitigating factors in a case. Indiscretions of youth, and fallibility of human nature have to be accorded full weight. Fallibility of human nature is distinct from criminal traits in character. Depraved conduct is not youthful indiscretion. Trivial offences may often occur by human error and not perpetrated by a criminal mindset. Trivial offences may not invite invalidation of candidate. The competent authority has to determine where the threshold lies and draw the line in light of facts of each case.