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AHSANUDDIN AMANULLAH, N. V. ANJARIA
State of Madhya Pradesh – Appellant
Versus
Rajkumar Yadav – Respondent
JUDGMENT
N.V. ANJARIA, J.
Leave granted.
1.1. The appellants are permitted to place on record the additional documents, as prayed for.
2. More often than not, the quality of law and order in the society and maintenance thereof depends upon the character of the persons serving in the police force. It becomes imperative that the recruitees in the disciplined force should be the persons beyond reproach and men with rectitude.
2.1. The exposition of the above narrative is required to be applied in its four corners while examining the challenge to judgment and order dated 20.07.2023 passed by the High Court of Madhya Pradesh in Writ Appeal No. 297 of 2023, which is impugned in the present appeal preferred by the appellant–the State of Madhya Pradesh.
2.2. Learned Single Judge of the High Court dismissed the writ petition of respondent-original petitioner (hereinafter referred to as ‘the respondent’ as per the present position) by judgment and order dated 09.02.2023 in which the respondent had challenged the rejection of his candidature by the screening committee for appointment to the post of constable (driver) in the police force on the ground that the petitioner had criminal antecedents.
2.3
An acquittal based on benefit of doubt does not guarantee recruitment to police service; suitability must consider moral character and the nature of prior charges.
An acquittal in a criminal case does not grant automatic eligibility for appointment to sensitive positions, as suitability must be assessed based on all antecedents.
Mere acquittal in a criminal case does not automatically confer a right to appointment in the police service, especially when the acquittal is not a clean one.
(1) Employer is having right to consider suitability of candidate as per government orders/instructions/rules at the time of taking decision for induction of candidate in employment.(2) If a person i....
An acquittal based on benefit of doubt does not equate to an honourable acquittal, affecting eligibility for police service recruitment.
Mere acquittal in a criminal case does not entitle a candidate to automatic appointment in sensitive positions; employer's discretion is paramount based on comprehensive suitability assessment.
Mere acquittal in a criminal case does not automatically confer entitlement to employment in a sensitive law enforcement role.
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