IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR
ANIL VERMA
Akendra Raghuwanshi – Appellant
Versus
State Of Madhya Pradesh – Respondent
| Table of Content |
|---|
| 1. eligibility criteria for police appointment. (Para 2 , 3) |
| 2. discretion of the employer regarding appointment. (Para 4 , 9) |
| 3. examining antecedents for public service suitability. (Para 6 , 10 , 11) |
| 4. impact of criminal cases on employment eligibility. (Para 7 , 8) |
| 5. dismissal of the petition based on the justness of the order. (Para 12 , 13) |
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 respond
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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