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AKIL KURESHI, UMA SHANKER VYAS
Director General of Police – Appellant
Versus
Sher Singh Meena – Respondent
JUDGMENT
D.B. Civil Misc.Application No. 175/2021:-
1. It appears that this application has been filed out of abundant caution though there is no delay in filing the appeal.
2. The application is disposed of accordingly.
D.B. Special Appeal Writ No. 407/2021:-
3. This appeal is filed by the State Government to challenge the judgment of the learned Single Judge dated 20/01/2021. The brief facts are as under:-
4. The respondent original writ petitioner had applied for the post of Constable advertised by the State Government on 25/05/2018. He was selected for the post in question. However, at the time of character verification it was informed by the SHO PS Surwal that a criminal case bearing No.186/2011 was filed against the petitioner which was decided by the Magistrate on 04/01/2016 in favour of the petitioner. He was given benefit of doubt. The petitioner was not offered appointment on this ground. He thereupon filed the petition which was allowed by the learned Single Judge by the impugned judgment whereupon, this appeal has been filed by the State Government.
5. In somewhat similar background while allowing the State appeal by a separate order passed today in DBSAW No.599/2021, we ha
An acquittal based on benefit of doubt does not guarantee eligibility for employment in disciplined services, allowing employers discretion in hiring.
The main legal point established in the judgment is the requirement for clean and honorable acquittal and the absence of moral turpitude for appointment in disciplined security forces, as emphasized ....
The importance of examining criminal antecedents and the nature of acquittal before offering appointment, particularly in the disciplined security forces, and the relevance of moral turpitude in dete....
Appointment – Mere fact of acquittal from criminal case would not suffice, rather it would depend on whether it is a clean acquittal based on total absence of evidence.
The acquittal in a criminal case does not automatically entitle a candidate for appointment, and the employer has the right to consider the antecedents of the candidate.
An acquittal based on benefit of doubt does not equate to an honourable acquittal, affecting eligibility for police service recruitment.
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