IMPORTANT POINT
Appointment, particularly in Police force, can be refused for involvement in moral turpitude.

JUDGMENT

(SMT.) RANJANA PRAKASH DESAI, J.

1. Leave granted in both the petitions.

2. In both the appeals the judgments of the Delhi High Court are under challenge. Appeal arising out of SLP (Civil) No. 38886 of 2012 is against Judgment dated 09/07/2012 passed in Writ Petition (Civil) No.3918 of 2012. Appeal arising out of SLP (Civil) No.4057 of 2013 is against Judgment dated 21/05/2012 passed in Writ Petition (Civil) No.3015 of 2012. Since both these appeals raise the same question of law, they can be disposed of by a common judgment. It may be stated here that while issuing notice, this Court has stayed the orders impugned in both the appeals.

3. The facts relating to the appeal against respondent - Mehar Singh could be shortly stated.

4. FIR No.126/04 was registered against respondent - Mehar Singh and others under Sections 143, 341, 323 and 427 of the Indian Penal Code (“the IPC”) upon a complaint received from Ramji Lal s/o. Mamraj Saini r/o. Khetri - the owner of Bus No.RJ-18P 0493. The substance of the complaint was that when the bus reached the bus stand of village Raipur on 15/5/2004 at about 3.15 p.m, respondent - Mehar Singh along with others armed with iron chain, lathi, belts, danda, stones etc. stopped the bus on the road and rebuked the conductor of the bus as to how he dared to take the fare from one of his associates. Sanjay Singh, Basant, Udai Bhan, Rajesh, Sandeep, Jagmal, Suresh and Karan Singh intervened and tried to save the conductor of the bus. During intervention, Sanjay and Basant suffered injuries on their back, eyes and ears. All the accused broke the side window panes of the bus by throwing stones and by giving blows with lathis/dandas. When the other passengers intervened, the accused fled the spot. The complainant along with the injured reached the police station and lodged the aforementioned complaint.

5. In the year 2009, the appellants issued an advertisement for filling-up the post of constables (Exe.) (male). It appears that in the criminal case registered against respondent - Mehar Singh, he arrived at a compromise with the complainant. In terms of the compromise, he and other accused were acquitted of the offences under Sections 323, 341 and 427 of the IPC on 30/1/2009. As regards the offence under Section 147 of the IPC, the trial court acquitted him and other co-accused for want of evidence. It is pertinent to note that the witnesses turned hostile. Respondent - Mehar Singh applied for the post of constable pursuant to the advertisement issued by the appellants. In relevant papers, he disclosed his involvement in criminal case and his acquittal as both parties had entered into a compromise. He was assigned Roll No.422165 and put through the physical endurance and measurement test and written test. After interview, he was declared provisionally selected, subject to verification of character and antecedents. During character and antecedent verification, his involvement in the criminal case and his subsequent acquittal due to compromise between the parties was taken into account.

6. The case of respondent - Mehar Singh was examined by the Screening Committee constituted by respondent 1 i.e. the Commissioner of Police, Delhi. The Screening Committee observed that respondent - Mehar Singh and others had assaulted the bus conductor with iron chain, belt and stones in a preplanned manner and caused injuries to him, which showed respondent - Mehar Singh’s violent nature and scant respect for the law of the land. The Screening Committee in the circumstances did not recommend his case for appointment to the post of constable.

7. On 3/3/2011, appellant 2 - the Deputy Commissioner of Police (Recruitment), New Delhi issued a notice to respondent - Mehar Singh calling upon him to show cause as to why his candidature should not be cancelled. He replied to the show cause notice. He submitted that he was falsely implicated in the criminal case and acquitted in the year 2009 after a full fledged trial. He submi