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AJAY BHANOT
Sanny Kumar – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT :
Ajay Bhanot, J.
1. The petitioner has assailed the order dated 15.06.2020 passed by respondent no. 3- Superintendent of Police, Jalaun, cancelling his selection as Constable in the U.P. Police.
2. The judgment is being structured in the following conceptual framework to facilitate the discussion:
I. Introduction
II. Submissions of learned counsels
III. Facts
IV. Legal perspectives
IV.i. Examination of suitability of candidates for appointment
A Material for formation of opinion before the authority
B Nature of proceedings
C Standard of evidence & Impact of chargesheet
D Procedure for enquiry
IV.ii Line of Enquiry by the authorities
A. Consideration of criminal cases
B. Mitigating factors
IV.iii Decision of the authority
V. Analysis of facts and conclusions
I. Introduction:
3. The recruitment process for various posts in the U.P. Police was initiated by notification dated 14.01.2018. The petitioner applied in response to the said notification. The petitioner was selected for appointment to the post of Constable in the UP Police.
4. The declaration made by the petitioner in the affidavit of verification on 22.04.2019 during the recruitment process disclosed following criminal c
Service Law - Post of Constable - Criminal prosecutions faced by him was part of recruitment process - Examination of suitability of candidates for appointment: Role of Criminal Antecedents - process....
Post of Constable in Police - Recruitment process - Criminal cases was in no way connected with each other. Criminal cases were instituted by different parties for separate offences. Multiplicity of ....
Mere acquittal does not automatically entitle appointment in disciplined force; Screening Committee must judiciously assess trial findings, not mechanically reject on FIR gravity or hostile witnesses....
Mere acquittal, even on compromise, does not automatically entitle appointment in disciplined forces, but Screening Committee must exercise fair, case-specific discretion considering trivial nature, ....
The cancellation of a candidate's selection based solely on the registration of a criminal case, without evidence of complicity, is unjustified and reflects a lack of proper consideration of the fact....
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.
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