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S.A.DHARMADHIKARI
Raghvendra Pateria – Appellant
Versus
State of M. P. – Respondent
ORDER :
S.A. Dharmadhikari, J.
1. This petition, under Article 226/227 of the Constitution of India, has been filed being aggrieved by the order dated 30/3/2017 (Annexure P/1), whereby candidature of the petitioner for appointment on the post of Constable (GD) has been rejected.
2. The brief facts leading to filing of this case are that petitioner had applied for the post of Constable (GD) and participated in the process of recruitment. After selection in the written examination, it was found that the petitioner was involved in criminal case registered against him at Crime No. 634/2008 for the offences punishable under sections 323, 325 and 504 read with 34 of the IPC. However, petitioner was acquitted vide judgment dated 8/4/2009 on the basis of compromise arrived at between the parties. This fact regarding acquittal was placed before the respondents but the same was not properly considered. Ultimately, the claim of the petitioner was declined on 13/11/2013 vide order (Annexure P/4). Being aggrieved, petitioner approached this Court in W.P. No. 188/2014 and the same was disposed of vide order dated 14/2/2014 with liberty to the petitioner to prefer a representation, which in turn, wa
The appointing Authority must consider the antecedents of a candidate acquitted in a criminal case and conduct a detailed probe before making a decision.
The suitability of candidates with criminal antecedents for appointment in police forces and the importance of high standards of conduct.
Acquittal in criminal cases does not guarantee eligibility for police employment; employers retain discretion to assess a candidate's character based on their entire criminal history.
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....
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