IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE ASHISH SHROTI st ON THE 21 OF JANUARY, 2026 WRIT PETITION No. 10329 of 2024 MANDHEER SINGH GURJAR Versus THE STATE OF MADHYA PRADESH AND OTHERS Appearance:

Mr. Nirmal Sharma - Advocate for the petitioner.

Mr. Dilip Awasthi - GA for the State.

ORDER The petitioner has filed this writ petition challenging order dated

31.08.2023 (Annexure P/1) passed by respondent no.4, whereby he has been found unsuitable for appointment on the post of Constable on account of his involvement in a criminal case. The petitioner has challenged another order, dated 31.08.2023, (Annexure P/2) passed by respondent no.4 whereby his appointment on the post of Constable has been cancelled. He has also prayed for consequential benefits.

2. The facts necessary for decision of this case are that the petitioner participated in Police Constable Recruitment Process-2020. He successfully passed the written test as also the physical test and was allotted District- Balaghat for his posting. Later on, vide order, dated 05.12.2022, (Annexure P/5) the petitioner was appointed as Constable and was posted at Balaghat. As per clause 5 of appointment order, the petitioner’s appointment was subject to verification of his criminal antecedents. The petitioner accordingly joined on the post and was sent for training at PTS, Tighra, Gwalior.

3. The petitioner submitted his attestation form on 30.11.2022 (Annexure R/1). He had not disclosed registration of criminal case against him. However, during verification, it was found that a criminal case was registered against him at Police Station- Dimni, District-Morena (M.P.) for the offence punishable under Sections 294, 323, 506 & 327 of IPC. It was alleged against the petitioner that on 20.03.2021 at around 5:00 PM, he allegedly demanded Rs.100/- from the complainant-Satendra Singh Bhadoriya who was a bus conductor and was gathering passengers near Bade Gaon Tiraha, Ambah. It was alleged that when complainant refused to give money, the petitioner abused him, threatened him and assaulted him with kicks and fists causing him injury. The FIR was registered on next day i.e. on 21.03.2021 at around 9:45 am. After investigation, challan was filed by Police on 31.07.2021 (Annexure P/8). The criminal case ended with acquittal of petitioner under Section 320(8) of Cr.P.C. vide order, dated 14.12.2022, (Annexure P/6) passed by Judicial Magistrate First Class, Morena. The matter was compromised in relation to other offences which were compoundable while the complainant turned hostile in relation to offence under Section 327 of IPC. The petitioner thus stood acquitted in view of compromise between the parties.

4 . The matter was placed before the Screening Committee in its meeting held on 08.08.2023. The Screening Committee opined that the offence under Section 327 IPC alleged against the petitioner, involves moral turpitude and as per instructions issued by the State Government vide circular dated 24.07.2018 (Annexure P/7), he is unsuitable for appointment. Accordingly, the impugned orders have been passed by respondent no.4 on 31.08.2023 declaring the petitioner unsuitable for the post and consequently cancelling his appointment order. Para 2, 3 & 4 of the order being relevant and decisive for this case are reproduced hereunder for ready reference:

"2. च(cid:2)र(cid:4) स(cid:6)यापन के दौरान पाया गया (cid:16)क अ(cid:18)यथ(cid:20) मंधीर िसंह के (cid:27)व(cid:29)(cid:30) थाना (cid:16)दमनी (cid:31)जला मुरैना म(cid:36) अपराध (cid:37)मांक 57/19 धारा 327, 323, 294, 506 भाद(cid:27)व का

(cid:39)करण पंजीब(cid:42) हुआ है, (cid:31)जसका (cid:27)ववरण िन(cid:44)नानुसार है:-

(i) फ(cid:2)रयाद(cid:46) सते(cid:48)(cid:49) िसंह भदौ(cid:2)रया (cid:42)ारा (cid:2)रपोट(cid:52) दज(cid:52) कराई (cid:16)क मुरैना से पोरसा चलने वाली बस म(cid:36) वह उस समय क(cid:48)डे(cid:56)टर(cid:46) करता था। (cid:16)दनांक 20.03.2021 को बस के मुरैना से पोरसा आते समय बड़े गाँव ितराहे के पास सवार(cid:46) बैठाने जब बस खड़