The court emphasized that minor offences resulting in acquittal do not constitute moral turpitude, and authorities must comply with court orders regarding reconsideration of applications.

JUDGMENT :

R.SUBRAMANIAN, J.

The appellants are aggrieved by the order of the Writ Court made in WP No.19995 of 2023, in and by which, a direction was issued to appoint the petitioner to the post of Sub Inspector.

2. The challenge in the Writ Petition was to the order of the Deputy Inspector General of Police, Vellore Range, dated 15.02.2023. The said order came to be passed in the following backdrop.

3. The respondent/petitioner had applied for the post of Sub Inspector of Police and he was successful in the selection process. However, he was denied appointment by order dated 02.06.2021 made in Rc.No.A2/5178/2021 passed by the Deputy Inspector General of Police, Vellore Range. The rejection was on the ground that the respondent was involved in a criminal case and he was acquitted, since the witnesses turned hostile. This order dated 02.06.2021 was subject matter of challenge in WP No.16757 of 2021, this Court while setting aside the order remitted the matter to the Deputy Inspector General of Police, Vellore Range, with the following directions:

“7. In a similar matter in W.P.No.17460 of 2021 involving the petitioner himself when he applied for the post of Police Constable in a different recruitment notification, his application was rejected only on the ground that he was involved in a criminal case which later ended in acquittal, this Court had quashed the said impugned order also and had remanded back the matter for fresh consideration on merits and in accordance with law.

8. For the foregoing reasons, the impugned order dated 02.06.2021 is hereby quashed and the matter is remanded back to the third respondent for fresh consideration on merits and in accordance with law with regard to the petitioner's request for issuance of appointment order in his favour for the post of Sub~Inspector of Police, within a period of twelve weeks from the date of receipt of a copy of this order. While passing the orders, the third respondent shall take into consideration the application dated 27.03.2019 submitted by the petitioner as well as the Judgment dated 01.11.2019 in C.C.No.351 of 2018 passed in favour of the petitioner wherein he has been acquitted.”

Consequent upon this direction, the order impugned in the Writ Petition dated 15.02.2023 has been passed. For sake of convenience, a scanned copy of the said order is attached:

4. A perusal of the order dated 15.02.2023 clearly reveals that the directions issued by this Court in WP No.16757 of 2021 have not been adhered to in their letter and spirit. As we could see there is a positive direction to the Deputy Inspector General of Police, Vellore Range, to consider the application of the petitioner and the judgment in the criminal case in CC No. 351 of 2018 passed in favour of the respondent and pass orders afresh. Surprisingly, we find that there is not even a reference to the judgment of the criminal case in the impugned proceedings dated 15.02.2023, we are 200% sure that this order has been passed mechanically and it is a make believe affair.

5. Be that as it may, we do not think we should remit the matter again to the appointing Authority as we have found that he is either incapable of comprehending the orders of this Court or that he does not want to comprehend the orders of this Court. The offences for which the petitioner/respondent was prosecuted in CC No.351 of 2018 are under Sections 294(b), 323, 324 and 506(ii) of IPC. A perusal of the judgment of the Criminal Court reveals that the entire episode arose at a Temple festival in the village, where the respondent was a participant. It is seen from the judgment of the Criminal Court that the respondent has objected to some persons dancing in an inebriated condition in front of the deity which was followed by a wordy quarrel and some of the persons were injured in the melee that followed.

6. Before the Criminal Court some of the witnesses turned hostile, but P.W.2 deposed that there was a quarrel and some persons were injured. The Criminal Cou