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2021 Supreme(SC) 157

SANJAY KISHAN KAUL, R.SUBHASH REDDY
State of Rajasthan – Appellant
Versus
Love Kush Meena – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Vidhan Vyas, Advocate, Ms. Pragati Neekhra, Advocate
For the Respondent:Ms. Shobha Gupta, Advocate, Mr. Medha Garg, Advocate

Judgement Key Points

Key Points: - The judgment holds that mere acquittal does not automatically grant eligibility for police recruitment; the acquittal must be a "clean acquittal" (total absence of evidence) for it to positively affect eligibility. (!) (!) - A benefit of doubt in a heinous or serious offense cannot make a candidate eligible for appointment; where the acquittal is based on benefit of doubt, it weighs against appointment. (!) (!) - Circulars (including circular No.1687 and the 2017 circular) are to be read in context of judicial pronouncements; circulars cannot override established legal principles that require clean acquittal for eligibility. (!) (!) - Avtar Singh v. Union of India (and follow-on principles) are applied to determine whether government orders or rules applicable at decision time permit appointment despite acquittal; the date of decision is material for circular applicability. (!) (!) - The Division Bench and Single Judge decisions were set aside; the State’s appeal succeeds in upholding the recruitment decision not to appoint due to criminal involvement and acquittal not being clean. (!)

What is the effect of acquittal on eligibility for police recruitment when the acquittal is based on benefit of doubt or non-clean acquittal?

What is the binding scope of circular No.1687/29.4.1995 (and its 2017 revision) on recruitment for offences involving moral turpitude or serious crimes in light of Avtar Singh and subsequent judgments?

What are the circumstances under which an employer may consider antecedents and grant or deny appointment despite acquittal or compromise in criminal cases?


JUDGMENT :

SANJAY KISHAN KAUL, J.

1. The moot point which arises for consideration is whether a benefit of doubt resulting in acquittal of the respondent in a case charged under Sections 302,323,341/34 of the Indian Penal Code [IPC] can create an opportunity for the respondent to join as a constable in the Rajasthan Police service.

2. The respondent and three others were charged with the aforesaid provisions of the Indian Penal Code and tried before the Additional Sessions Judge (Fast Track), Laxman Garh, District Alwar, Rajasthan. The incident relates to 6.10.2008 at about 6 p.m. when, as per the complainant Babulal, one Jagdish and Dayaram came in a tractor for tilling a disputed field in jungle Patan. Tofli, mausi of Babulal forbade them to till the land and apparently stayed back in the field. At that time, the tractor driver Jagdish drove the tractor and ran over Tofli. The complainant Babulal along with one Raju, Om Prakash and Dinesh rushed to her side but were beaten up and knife injuries were inflicted upon them by Dayaram, Love Kush (respondent), Bodan and Jagdish. Tofli was taken in a Buggi to the hospital where the doctor declared her brought dead. On the basis of the said

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