Criminal Law – Meaning of “honourable acquittal” – Concept explained – Expression not found in CrPC or IPC – Judicially evolved term – Distinguished from acquittal based on benefit of doubt – Honourable acquittal occurs where court conclusively finds accused did not commit offence – Acquittal due to lack of evidence or benefit of doubt cannot be treated as honourable acquittal. (Paras 5.2–5.2.3)

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Service Law – Recruitment to police force – Character verification – Candidate involved in criminal case for serious offences including kidnapping and rape – Acquittal on benefit of doubt – Screening Committee rejecting candidature – Validity – Held, screening committee competent to assess antecedents and suitability – Candidate acquitted only on benefit of doubt cannot claim appointment as of right – High Court Division Bench erred in directing reconsideration treating acquittal as honourable acquittal – Order set aside.

(Paras 3, 5–5.3, 7–9, 9.1–9.2)

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Criminal Law – Meaning of “honourable acquittal” – Concept explained – Expression not found in CrPC or IPC – Judicially evolved term – Distinguished from acquittal based on benefit of doubt – Honourable acquittal occurs where court conclusively finds accused did not commit offence – Acquittal due to lack of evidence or benefit of doubt cannot be treated as honourable acquittal.

(Paras 5.2–5.2.3)

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Police service – Nature of disciplined force – Requirement of impeccable character and integrity – Persons with criminal antecedents or involvement in offences involving moral turpitude may be excluded from recruitment even if acquitted.

(Paras 2, 5.3.3, 5.5.3, 7, 7.1)

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Service Law – Recruitment – Effect of acquittal in criminal case – Acquittal not conclusive proof of suitability for appointment – Employer entitled to consider nature of allegations, antecedents and circumstances of acquittal while deciding suitability of candidate.

(Paras 5.5.2(a)–(c), 5.6, 7)

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Service Law – Role of Screening Committee – Power to assess antecedents and suitability of candidates – Wide discretion vested in employer – Courts should not substitute their own assessment unless decision is arbitrary, mala fide or perverse.

(Paras 7.1–7.3, 8, 9)

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Judicial Review – Limited scope in matters of recruitment suitability – Courts cannot override employer’s assessment regarding antecedents and character unless decision suffers from arbitrariness, mala fides or irrationality.

(Paras 9–9.1)

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High Court – Writ Appeal – Interference with employer’s decision regarding suitability of candidate for police service – Impermissible when Screening Committee exercised discretion based on relevant considerations.

(Paras 9.2–10)

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Result:

Judgment of Division Bench of High Court dated 20.07.2023 set aside – order of Screening Committee rejecting candidature restored – appeal allowed.
(Paras 10–11)