Service Jurisprudence – Importance of clean acquittal for appointment in police service

Civil Appeal No.5984 of 2023 arising out of SLP (Civil) No.27301 of 2018

The State of Madhya Pradesh & others Vs. Bhupendra Yadav.

Judgment dated 20.9.2023

In May 2015, the criminal case was registered against the respondent and the charges were framed for offences under Sections 341 and 354(D) of the IPC and Sections 11(D) / 12 of the POCSO Act on the allegations that the accused along with other co-accused had wrongfully restrained the complainant (a minor) and tried to outrage her modesty.   Moreover, he had persistently staked her, threw letter and flowers at her and insisted her to speak with him.

At the trial, the complainant turned hostile and the parties appear to have arrived at settlement.  The charge under Section 341 of IPC was compounded.   However, the respondent was acquitted of other charges since the complainant and other witnesses turned hostile.

In 2017, the respondent was selected for the post of Constable.   On scrutiny of verification form, by the letter dated 24.8.2017 the appellant no.3 Superintendent of Police Ujjain informed the respondent that he was not fit for appointment.

By the judgment dated 17.11.2017, the learned Single Judge of the MP High Court dismissed the writ petition of the respondent on the ground that the offences pertained to moral turpitude, the High Court can sit as appellate authority on the decision of the authority.

However, the Division Bench allowed the appeal and remanded back the matter to the authority to pass a fresh order.

HELD that the respondent was not given a clean acquittal in the criminal case, the charges involved moral turpitude, the respondent was charged with non-compoundable offences of serious nature and even if the respondent was acquitted in the criminal case, the State was well within its right to exercise its discretion.