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MICHAEL ZOTHANKHUMA
Milan Yadav – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
Heard Mr. J. Payeng, learned counsel for the petitioner. Also heard Ms. B. Sarma, learned CGC appearing for all the respondents.
2. The grievance of the petitioner is that despite having been honourably acquitted in the criminal case, the respondents have not appointed the petitioner to the post of Constable (GD) in the Central Industrial Security Force (CISF).
3. The petitioner’s case in brief is that he had participated in the selection process for appointment to the vacant posts of Constable (GD) in the CISF, pursuant to the advertisement dated 21.07.2018. The petitioner being successful in the selection process was offered appointment to the post of Constable (GD) in the CISF and was asked to report to the Principal, RTC, Mundali on 21.06.2021 vide letter dated 11.05.2021. The petitioner reported to the Principal, RTC, Mundali and started his training. During document verification, which was done by the respondents on 01.07.2021, a questionnaire had to be filled up where there was a specific question as to whether the petitioner was involved in a criminal case prior to joining the CISF. The petitioner admitted that he had a criminal case prior to joining the CISF. The p
Point of Law : 25. Employer cannot be compelled to give appointment to a candidate, who has been acquitted on the ground of benefit of doubt, as the employer is having a right to consider the candida....
(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....
The duty of the prosecution to establish guilt, the presumption of innocence until proven guilty, and the need for a close scrutiny of each case to determine suitability for appointment.
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.
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 entitlement to employment in a sensitive law enforcement role.
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