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IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR
ANIL VERMA
Akendra Raghuwanshi – Appellant
Versus
State Of Madhya Pradesh – Respondent
ORDER :
ANIL VERMA, J.
With the consent of both parties, matter is finally heard.
2. Petitioner has preferred this petition under Article 226 of the Constitution of India seeking following reliefs:-
"(i) That, the order dt. 04-09-2017 (annexure P/1) may kindly be quashed.
(ii) That, the order dated 25-09-2017 (annexure P/2 may kindly be queshed.
(iii) That, it may be held that the petitioner is eligible and qualified to appoint on the post of Constable (Driver) and consequently the respondents may kindly be directed to appoint/join the petitioner on the post of Constable (Driver) and accordingly all the benefits be given to the petitioner.
(iv) That, the other relief doing justice including cost be awarded."
3. Brief facts of the case are that the petitioner has submitted his candidature for the post of Police Constable in the respondent department. Result of written examination was declared and petitioner was found qualified for second stage. He also qualified in the physical test. He has furnished all the information and stated in column 12 that two cases were instituted against him, in which he has been acquitted in both the cases by the competent Courts. Nothing has been suppressed by
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 appointing Authority must consider the antecedents of a candidate acquitted in a criminal case and conduct a detailed probe before making a decision.
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....
The acquittal under Section 232 of Cr.P.C. is sufficient grounds for reconsideration for employment unless proven otherwise; moral turpitude allegations need thorough exploration.
An acquittal based on benefit of doubt does not equate to an honourable acquittal, affecting eligibility for police service recruitment.
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