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IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR
ANAND SINGH BAHRAWAT
Vikas Mourya – Appellant
Versus
State Of Mp – Respondent
ORDER :
The petitioner has invoked Article 226 of the Constitution of India has been filed seeking the following reliefs:-
1. The orders impugned Annexure P/1 and P/2 may kindly be quashed.
2. Respondents may kindly be directed to issue appointment order to the petitioner.
Any other relief which this Hon'ble Court deems fit in the facts and circumstances of the case may also kindly be granted.
1. Advertisement was made for the purpose of recruitment to the post of Constable (Driver). Examination was held. Petitioner secured merit position and respondents directed the petitioner to submit character verification form. The petitioner already informed about criminal case which was registered against the petitioner at Crime No. 249/2013. The petitioner further submitted that it is case of no evidence, therefore, under the provisions of Section 232 of Cr.P.C acquittal order has been passed.
2. Matter was placed before screening committee and on 21.2.2019 Screening Committee found him unsuitable for the post of Constable (Driver) on account of his involvement in the aforesaid criminal case. Consequently, the respondents passed the impugned order dated 13.06.2019 thereby declaring the petition
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.
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.
An acquittal based on benefit of doubt does not guarantee recruitment to police service; suitability must consider moral character and the nature of prior charges.
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 ....
Mere acquittal in a criminal case does not automatically confer entitlement to employment in a sensitive law enforcement role.
An acquittal in a criminal case does not grant automatic eligibility for appointment to sensitive positions, as suitability must be assessed based on all antecedents.
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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