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SUPREME COURT OF INDIA
UDAY UMESH LALIT, VINEET SARAN, JJ
Union Of India And Others – Appellants
Versus
Ramesh Bishnoi – Respondent
Civil Appeal No.9109 of 2019 [Arising Out Of Special Leave Petition [C] No.26395 OF 2018]
Decided on : 29-11-2019
Service Law – Appointment – Post of Sub-Inspector in CISF – Denial of appointment on the ground of a criminal case having been registered in past against respondent – Complaint/FIR lodged against respondent was to the effect that when he was a minor, he had teased a girl a few times and went to the extent of catching hold of her hand – However, girl and her parents finally decided to pardon respondent by not giving any evidence against him, resulting in acquittal of respondent – It cannot be said that respondent had committed such a crime which would be covered under definition of moral turpitude – Even if allegations were found to be true, then too respondent could not have been deprived of getting a job on the basis of such charges as the same had been committed while respondent was juvenile – Case against respondent is not with regard to suppression of any conviction or charges having been framed against him – Respondent had very fairly disclosed about charges which had been framed and his acquittal on the basis of no evidence having been adduced by complainant against respondent – Orders passed by Single Judge as well as Division bench of High Court upheld. [Juvenile Justice (Care and Protection of Children) Act, 2015 – Section 3] (Paras 8, 9, 10 and 11)
Facts of the case:
Present appeal pertains to appellants (Union of India) denying appointment to respondent, (even though selected) on post of Sub-Inspector, on the ground of a criminal case having been registered in the past against the respondent.
Findings of Court:
Case against the respondent is not with regard to the suppression of any conviction or charges having been framed against him. The respondent had very fairly disclosed about the charges which had been framed and his acquittal on the basis of no evidence having been adduced by the complainant against the respondent. In our considered view, the same can also not be said to be a suppression by the respondent, on the basis of which he could be deprived of a job, for which he was duly selected after following the due process and appointment having been offered to him.
Result : Appeal dismissed.
JUDGMENT :
Vineet Saran, J.
Leave granted.
2. This appeal pertains to the appellants (Union of India) denying appointment to the respondent, (even though selected) on the post of Sub-Inspector, on the ground of a criminal case having been registered in the past against the respondent.
3. Brief facts relevant for the purpose of this case are that in response to an advertisement dated 28.03.2015, for recruitment on the post of Sub-Inspector in the Central Industrial Security Force (for short ‘CISF’) issued by the Staff Selection Commission (SSC), the respondent had appeared in the written examination and physical endurance test and was thus selected and offered appointment on 15.09.2016. The respondent was then required to submit a form, wherein there was a column relating to whether any First Information Report (for short ‘FIR’) had been lodged against the respondent in the past. The respondent had given the details of the FIR (No.70/2009) under Sections 354, 447 and 509 of the Indian Penal Code (for short ‘IPC’) having been lodged against the respondent and in the further column of the questionnaire form, the respondent had clearly mentioned that on the matter having been compromised, he was acquitted of the aforesaid offence on 24.11.2011, as there was no evidence adduced against the respondent. The respondent had thus rendered all necessary information regarding the criminal case lodged against him and did not conceal any material fact. The case was then referred to the Standing Screening Committee, which found the respondent unsuitable for appointment in CISF on the aforesaid ground that a criminal case had been lodged against him in the past. Consequently, on 03.06.2017 the National Industrial Security Academy cancelled the appointment of the respondent, on the ground of registration of a criminal case in the past.
4. Challenging the said order, the respondent filed Writ Petition No.7522 of 2017, which was allowed by a learned Single Judge of the High Court of Rajasthan at Jodhpur vide judgment dated 06.12.2017, and the case of the respondent was directed to be decided afresh within 15 days in the light of the guidelines issued by this Court in the case of Avtar Singh vs. Union of India (2016) 8 SCC 471. The case of the respondent was then reexamined by the Standing Screening Committee on 02.01.2018, which by an order dated 16.01.2018, again rejected the claim of the respondent, holding that the respondent was acquitted merely for due to lack of adequate evidence and compromise, and that the offence in the charge sheet falls in the category of serious offence, and thus the respondent was not considered suitable for appointment on the post of SubInspector in CISF.
5. Challenging the said order, the respondent filed Writ Petition No.1310 of 2018, which was allowed by an order dated 08.03.2018 with the following directions:
6. The appellants herein, challenged the order of the learned Single Judge dated 08.03.2018 before the Division Bench of the High Court of Rajasthan at Jodhpur in Special Appeal Writ No.702 of 2018, which was dismissed by the Division Bench by judgment dated 08.05.2018. Aggrieved by the said orders dated 08.03.2018 and 08.05.2018, passed by the learned Single Judge and Division Bench respectively of the High Court of Rajasthan at Jodhpur, this appeal has been filed by way of Special Leave Petition.
7. We have heard learned Counsel for the parties at length and have perused the material on record.
8. In the present case, the complaint/FIR lodged against the respondent was to the effect that w
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