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RAVI MALIMATH, VISHAL MISHRA
Anil Prasad Choudhary – Appellant
Versus
State of Madhya Pradesh – Respondent
ORDER
1. Assailing the order dated 28.8.2023 passed by the learned Single Judge in dismissing Writ Petition No.10057 of 2019, the writ petitioner is in appeal.
2. It is the case of the writ petitioner that he applied for the post of Police Constable and after facing the recruitment process, he was declared a successful candidate. He was allotted posting at Unit Narsinghpur. The petitioner submitted all the relevant documents and also made a declaration about his acquittal in a criminal case and submitted an affidavit to the aforesaid effect. He appeared before the scrutiny committee. Therefore, vide order dated 20.10.2018, he was informed that he was found ineligible for appointment. The said order was questioned by the petitioner by filing a Writ Petition being W.P. No.28492 of 2018 which was disposed off vide order dated 29.1.2019 directing respondent No.4 to decide fresh representation of the petitioner in the light of the judgment of the Hon'ble Supreme Court in the case of Mohammed Imran v. State of Maharashtra and others passed in Civil Appeal No.10571 of 2018. The petitioner was again asked to appear before the scrutiny committee and thereafter he was again declared ineligibl
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 ....
An acquittal based on benefit of doubt does not equate to an honourable acquittal, affecting eligibility for police service recruitment.
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....
(1) Employer is having right to consider suitability of candidate as per government orders/instructions/rules at the time of taking decision for induction of candidate in employment.(2) If a person i....
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....
An acquittal based on benefit of doubt does not guarantee eligibility for employment in disciplined services, allowing employers discretion in hiring.
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