THE STATE OF MADHYA PRADESH & ORS. versus BUNTY

THE STATE OF MADHYA PRADESH & ORS. versus BUNTY

Where an acquittal is by way of benefit of doubt or on technical grounds, the employer (or Screening Committee) may consider all relevant material about antecedents to decide fitness for appointment; the Screening Committee's considered decision that the respondent was unfit to be inducted into the disciplined...

Source-derived case information.

Parties
Appellant: State of Madhya Pradesh & Ors.; Respondent: Bunty
Jurisdiction
India
Judgment Date
14 March 2019
Procedural Posture
Civil Appeal / Appeal From the Judgment and Order Dated 31.10.2017 of the Division Bench of the High Court of Madhya Pradesh, Bench at Indore in Writ Appeal No.535 of 2017
Outcome
Appeal allowed; judgment and order of the Division Bench set aside and the Single Judge's judgment restored.
Legal Topics
Appointment, Screening Committee, Acquittal, Benefit of Doubt, Moral Turpitude, Police Recruitment
Service Law Criminal Law Administrative Law Appointment Screening Committee Acquittal Benefit of Doubt Moral Turpitude +1 more

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Parties

State of Madhya Pradesh & Ors.

Appellant

Bunty

Respondent

Procedural Posture

Civil Appeal / Appeal From the Judgment and Order Dated 31.10.2017 of the Division Bench of the High Court of Madhya Pradesh, Bench at Indore in Writ Appeal No.535 of 2017

Legal Issues

  1. 1 Whether acquittal by benefit of doubt entitles a candidate to appointment as a matter of course
  2. 2 Whether the Screening Committee's decision to deny appointment for reasons of antecedents and moral turpitude is amenable to judicial interference
  3. 3 What relevance does a criminal case involving moral turpitude have on fitness for appointment to police service

Ratio Decidendi

Where an acquittal is by way of benefit of doubt or on technical grounds, the employer (or Screening Committee) may consider all relevant material about antecedents to decide fitness for appointment; the Screening Committee's considered decision that the respondent was unfit to be inducted into the disciplined police force was appropriate and not liable to be set aside, and therefore the Division Bench's direction to appoint the respondent was set aside and the Single Judge's order restored.

Court Disposition

Appeal allowed; judgment and order of the Division Bench set aside and the Single Judge's judgment restored.

Orders

  • Appeal allowed.
  • Judgment and order of the Division Bench dated 31.10.2017 is set aside.