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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
JAGMOHAN BANSAL
Sanjeet Kumar – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
JAGMOHAN BANSAL, J.
1. The petitioner through instant petition under Article 226 of the Constitution of India is seeking setting aside of order dated 09.10.2019 whereby respondent has refused to allot him regimental number. He is further seeking direction to respondents to issue him joining/appointment letter.
2. The petitioner, pursuant to Advertisement No.3/2018, applied for the post of Constable under BCA Category. He successfully cleared Written Test followed by Physical Measurement and Physical Screening Test. The respondent, during verification of his credentials, found that an FIR No.284 dated 18.09.2017 under Sections 346, 323, 328, 342, 363, 366 376 and 112 of Indian Penal Code, 1860 (for short ‘IPC’) and Section 3 of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short ‘SC/ST Act’) at Police Station Khol, District Rewari was registered against him. On account of said FIR, the respondent refused to issue appointment/joining letter which has forced the petitioner to file the instant petition.
3. Learned counsel for the petitioner submits that there was no column in the application form with respect to concluded criminal case especial
The judgment established that the statutory rules governing appointment procedures must be followed strictly, and the acquittal of a candidate after the stage of consideration does not override the b....
Employment eligibility should be evaluated based on rules in place during application, not amended rules enacted post-selection process.
An acquittal based on benefit of doubt does not equate to an honourable acquittal, affecting eligibility for police service recruitment.
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.
Rejection of candidature based solely on an FIR after acquittal is arbitrary; suitability must be contextually assessed.
An acquittal in a criminal case does not automatically grant eligibility for sensitive positions; candidates must be assessed on individual merits.
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