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J. J. MUNIR
Siddharth Singh – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
J.J. Munir, J.
1. This writ petition is directed against an order of the Deputy Commissioner of Police, Police Headquarters, Police Commissionerate, Varanasi dated 03.02.2023, rejecting the petitioner's case for appointment as a Constable in the Uttar Pradesh Police, on account of a criminal case lodged against him, of which he has been later on acquitted.
2. The facts giving rise to this petition would show that the petitioner staked his claim for the post of a Police Constable in the Uttar Pradesh Police. This was in the recruitment year 2013. The petitioner was selected for the post and the date for his training was scheduled as 02.12.2015. After the petitioner was selected, in the Police Verification Report Form (PVR), he disclosed that a criminal case had been lodged against him, in which this Court had stayed proceedings. The Senior Superintendent of Police, Varanasi by his order dated 02.02.2016 rejected the petitioner's candidature on ground of pendency of that case. That order of the Senior S.P., Varanasi was challenged by the petitioner before this Court by means of Writ-A No.18399 of 2016, wherein an interim order dated 26. 04.2016 was granted to the following ef
Character verification for public service must consider the nature of past allegations and acquittals, rejecting mechanical disqualification based solely on prior criminal cases.
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....
The suppression of a pending criminal case does not automatically disqualify a candidate; the nature of the offence and the candidate's overall character must be considered in recruitment decisions.
An acquittal based on benefit of doubt does not equate to an honourable acquittal, affecting eligibility for police service recruitment.
The mere pendency of a criminal complaint, especially from matrimonial disputes, should not disqualify a candidate from public employment.
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 ....
(1) Termination – Employer has discretion to terminate or condone an omission in disclosure made by a candidate – Even if a truthful disclosure has been made, employer is well within its right to exa....
The main legal point established in the judgment is the significance of impeccable character and integrity for candidates in the police force and the impact of criminal antecedents, even if acquitted....
The concealment of a pending criminal case during the employment application process can justify termination of services, as integrity and character are critical for positions within the judicial sys....
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