The decision of the Screening Committee must be taken as final unless it is mala fide. The employer can take into consideration all relevant facts to take an appropriate decision as to the fitness of an incumbent for appointment/continuance in service.

JUDGMENT

1. Leave granted.

2. The State of Madhya Pradesh and Others are in appeal as against the reversal of the judgment and order passed by the Single Judge dismissing the writ application questioning the decision of the Screening Committee holding the respondent/Bunty to be unfit for appointment as a constable in the police service of the State of Madhya Pradesh.

3. The respondent applied for the post of a Constable in the year 2013. He appeared and cleared the Police Constable Recruitment Test (II). Physical endurance test was held on 06.05.2013. He was medically examined and selected on 09.05.2014. On 05.06.2014 he was called for verification of the marks sheet, caste certificate. He was called for police verification by the Screening Committee on 25.02.2015. On 11.03.2015, the department, on the basis of the Report of the Screening Committee, decided to deny the appointment to the respondent/Bunty for the reasons mentioned therein.

4. It is not in dispute that respondent/Bunty was involved in a case involving moral turpitude for the commission of an offence under Sections 392 and 411 of the IPC. He was given benefit of doubt in the said case and was acquitted vide judgment and order dated 7.1.2015 and same has attained finality.

5. As against the denial of the appointment respondent/Bunty filed a writ petition before the High Court of Madhya Pradesh, Bench at Indore. Learned Single Judge of the High Court considered the matter in extensive detail and relied upon the decision of this Court in Commissioner of Police, New Delhi and Another v. Mehar Singh, (2013) 7 SCC 685, and that the petitioner had appeared before the Screening Committee and it was found in objectivity by the Screening Committee that he was involved in a case of moral turpitude and the acquittal was not clean. He was found unfit for being appointed as Police Constable in a disciplined force. Reasons were communicated. Learned Single Judge also relied upon the decision in State of M.P. and Others v. Dinesh Singh Parihar and Others, rendered by the Division Bench of the High Court in Writ Appeal No.724/2014, dismissed the said writ application. However, the Division Bench, by the impugned judgment and order, has allowed the writ appeal preferred by the respondent/Bunty on the ground that the judgment of acquittal is based on material on record, he was acquitted since the offence was not proved beyond reasonable doubt, appointment order has to be issued as a matter of course. Hence, the appeal by special leave is filed before this Court.

6. Learned counsel appearing on behalf of the State has relied upon the decisions of this Court in Mehar Singh (supra), State of Madhya Pradesh & Ors. v. Parvez Khan, (2015) 2 SCC 591, Union Territory, Chandigarh Administration and Others v. Pradeep Kumar and Another, (2018) 1 SCC 797, to contend that when the Screening Committee has formed an opinion with objectivity considered the allegations and overall material the decision is not open to judicial review until and unless it has acted arbitrarily or its decision is perverse. Learned counsel further submitted that mere acquittal on the ground of benefit of the doubt could not have enured in favour of the appellant so as to be entitled to appointment, as a matter of course as observed by the Division Bench of the High Court.

7. On the other hand, learned counsel appearing on behalf of the respondent has relied on a decision of this Court in Avtar Singh v. Union of India and Others, (2016) 8 SCC 471, and Joginder Singh v. Union Territory of Chandigarh and Others, (2015) 2 SCC 377. Learned counsel appearing for the respondent has contended that it was a case of no evidence and with respect to PW.12 also in the representation filed before the Screening Committee with respect to the said witness the reasons were assigned why he deposed against the respondent. Thus, in the facts and circumstances of the case, no case for interference is made out in the judgment and order passed