Mere Acquittal In Criminal Case Does Not Entitle An Employee To Reinstatement In Service : Supreme Court

The Supreme Court observed that mere acquittal does not entitle an employee to the reinstatement in service.

If a person is acquitted or discharged, it cannot obviously be inferred that he was falsely involved, or he had no criminal antecedents, the bench of Justices Ajay Rastogi and Bela M Trivedi observed.

In this case, the petitioner was appointed to the post of constable in the Jammu and Kashmir Executive Police. However later, the appointment order was cancelled on the ground that the petitioner was involved in a criminal case and was under arrest for four days and he consciously concealed the said information.

Dismissing his writ petition filed against the cancellation of appointment, the Jammu and Kashmir High Court held that the decision of the Director General of Police, the highest functionary in the hierarchy of police department, to consider the suitability of the appellant for induction into police force, could not be called into question.

Before the Apex Court, it was contended that in the criminal trial proceeded against the petitioner, the prosecution had failed to examine the investigating officer and also failed to bring home the charges levelled against him, and therefore his acquittal in the said case was required to be treated as an honorable acquittal.

Referring to the precedents in this regard, the bench, while dismissing the SLP, observed:

"The High Court in the impugned judgement has also elaborately dealt with each and every aspect of the issues involved, while upholding the order of the Single Bench to the effect that the Director General being the highest functionary in the police hierarchy, was the best judge to consider the suitability of the petitioner for induction into the police force. "

Case details

Imtiyaz Ahmad Malla vs State of Jammu & Kashmir | 2023 LiveLaw (SC) 150 | SLP(C) 678 OF 2021 | 28 February 2023 | Justices Ajay Rastogi and Bela M Trivedi

Headnotes

Service Law - Appointment order of petitioner as constable of police cancelled as it was found that the the petitioner was involved in a criminal case and was under arrest for four days and he consciously concealed the said information - Mere acquittal does not entitle an employee to the reinstatement in service - If a person is acquitted or discharged, it cannot obviously be inferred that he was falsely involved, or he had no criminal antecedents - Director General being the highest functionary in the police hierarchy, was the best judge to consider the suitability of the petitioner for induction into the police force.

Constitution of India, 1950 ; Article 136 - Though the Scope of Article 136 of Constitution of India is very wide, the power conferred thereunder being a very special and extraordinary power, it has to be exercised in rare and exceptional cases. (Para 15)

Words and Phrases - Honourable Acquittal -  The expressions “honourable acquittal”, “acquitted of blame”, “fully exonerated” are unknown to the Code of Criminal Procedure or the Penal Code, and it is difficult to define precisely what is meant by expressions “honourable acquittal”. (Para 8-11)

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