IMPORTANT POINTS
Acquittal of a candidate in criminal prosecution is not conclusive of his suitability unless the acquittal is honourable.
Honourable acquittal may be defined as an acquittal after full consideration of prosecution evidence and the prosecution miserably failing to prove the charges.
Acquittal does not automatically entitle a candidate to appointment. Employer is still entitled to consider antecedents and cannot be compelled to appoint such candidate.
Court cannot substitute its views for decision of the Screening Committee.

Headnote:(a) Service law – Recruitment – Candidate involved in criminal case – Acquittal – Acquittal or discharge cannot lead to inference that the candidate was falsely involved or he had no criminal antecedents – Acquittal not conclusive of suitability unless it is honourable. (Para 10)
       (b) Criminal jurisprudence – Honourable acquittal – Expressions “honourable acquittal”, “acquitted of blame”, “fully exonerated” unknown to the Code of Criminal Procedure or the Penal Code – Coined by judicial pronouncements – Precise definition difficult – May be defined as an acquittal after full consideration of prosecution evidence and the prosecution miserably failing to prove the charges. (Para 10)
       (2013) 1 SCC 598 – Relied upon
       (c) Service law – Recruitment – Candidate disclosing information in regard to criminal prosecution – Acquittal does not automatically entitle a candidate to appointment – Employer still entitled to consider antecedents – Cannot be compelled to appoint such candidate – More so in police force – Decision of Screening Committee must be taken as final unless shown to be mala fide. (Para 12, 13)
       (2013) 7 SCC 685; (2015) 2 SCC 591; (2016) 8 SCC 471 – Relied upon
       (d) Service law – Appointment – Screening committee examining cases of candidates and reasonings for their acquittal – Following procedures as per guidelines – Finding respondent not suitable – No error – Court cannot substitute its views for decision of the Screening Committee. (Para 15)
       (2015) 2 SCC 377 – Distinguished
       Facts of the case:
       The question involved in these appeals is whether the candidature of the respondents who had disclosed their involvement in the criminal cases and also their acquittal could be cancelled by the Screening Committee on the ground that they are not suitable for the post of constable in Chandigarh Police and whether the court can substitute its views for the decision taken by the Screening Committee.
       Respondents were declared successful in the recruitment for the post of Constable (Executive) in Chandigarh Police after clearing the Physical Efficiency Test, Physical Measurement Test, written test and interview. However, the respondents were denied the employment on the ground that the respondents had been prosecuted in a criminal trial for the offences under Section 323 IPC and Section 506 read with Section 34 IPC and were acquitted by the trial court vide judgment dated 29.01.2010 giving them benefit of doubt. The respondents were not suitable for appointment as Constables in the Chandigarh Police.
       CAT allowed the OA and set aside the orders of the Screening Committee and directed the competent authority to consider the names of the respondents for appointment to the post of Constable. The State filed writ petition before the High Court which came to be dismissed.
       Finding of the Court:
       There is no error in screening committee decision.
       Result: Appeals allowed.

JUDGMENT

R. BANUMATHI, J.

Leave granted

2. The question involved in these appeals is whether the candidature of the respondents who had disclosed their involvement in the criminal cases and also their acquittal could be cancelled by the Screening Committee on the ground that they are not suitable for the post of constable in Chandigarh Police and whether the court can substitute its views for the decision taken by the Screening Committee. Since the facts and issues are almost identical in all these appeals, they were heard together and shall stand disposed of by this common judgment. For convenience, we would deal with the facts in appeal arising out of SLP(C) No. 20750 of 2016

3. On 14.03.2010, an advertisement was issued by UT Chandigarh Police through its Deputy Inspector General of Police inviting applications from the candidates to fill up 1200 temporary posts of Constable (Executive) in Chandigarh Police with essential qualification as prescribed in the advertisement with instructions for filling online application form. The recruitment was to be done as per guidelines thereon as well as standing order governing the recruitment of constables. Guideline No.2(A)(a) deals with the circumstances when the candidate does not disclose the factum of his involvement in the attestation form and the same is found subsequently from the verification report. The candidature of such candidates will be cancelled as per aforesaid guideline without making any reference to any Committee for further probe into the conduct of the candidate. In Guideline No.2(A)(b), it is prescribed that if a candidate has disclosed his involvement in some criminal case in the attestation form, then such case will be referred to Screening Committee to assess his suitability for appointment in Chandigarh Police irrespective of the fact that the case is under investigation, trial or resulted in conviction or acquittal.

4. Respondents were declared successful in the recruitment for the post of Constable (Executive) in Chandigarh Police after clearing the Physical Efficiency Test, Physical Measurement Test, written test and interview. However, the respondents were denied the employment on the ground that the respondents had been prosecuted in a criminal trial for the offences under Section 323 IPC and Section 506 read with Section 34 IPC and were acquitted by the trial court vide judgment dated 29.01.2010 giving them benefit of doubt. The respondents were not suitable for appointment as Constables in the Chandigarh Police.

5. Aggrieved, respondents filed OA before CAT. CAT vide order dated 24.07.2012 allowed the OA and set aside the orders of the Screening Committee and directed the competent authority to consider the names of the respondents for appointment to the post of Constable. The State filed writ petition before the High Court which came to be dismissed for all the respondents except Ombir holding that there was no concealment of criminal antecedents. Being aggrieved, the State has preferred these appeals.

6. Contention of the appellant is that acquittal of a person does not entitle him to be appointed as a matter of right and the appointing authority may still find such a person unfit to be appointed to the post. It was urged by the appellant that even though the respondents were acquitted in the criminal case, the appointment of the respondents to the post of Constable in Chandigarh police which is a disciplined force, was found not desirable by the appointing authority. It was submitted that the respondents were not honourably case was referred to the Committee headed by Senior Superintendent of Police and it was found that the acquitted of the offences and the acquittal was only based on the extensi

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2018 Supreme(SC) 11

Cases Referred (5)