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| DB Emphasizes: Mere acquittal in criminal case not sole entitlement for police constable appointment | | | Early Times Report
JAMMU, Oct 11: In a recent Legal Point of Authority (LPA) case filed by the Police Department, a Division Bench of the Jammu & Kashmir and Ladakh High Court, comprising Justice Sanjeev Kumar and Justice Mohan Lal, has emphasized that the mere acquittal of a respondent in a pending criminal case does not automatically entitle them to be appointed as a Constable. The Bench emphasized that it is the prerogative of the employer to assess whether a person, who has been acquitted in a criminal case, is suitable to serve in the police force.
This significant ruling was delivered in response to a LPA filed by the Police Department challenging a judgment of the writ Court, which had directed the issuance of a formal appointment order to the respondent as a Constable in Armed Police under the RBA category.
The Division Bench, after hearing arguments from both sides, held that the Writ Court, considering the case's facts and circumstances, could not have mandated the appellants to issue a formal appointment order for the respondent as a Constable based solely on the grounds of the respondent's acquittal in two FIRs filed at the Gool Police Station.
The ruling also acknowledged that the respondent had been included in the select list of the RBA category, as evidenced by an order dated 46/2009 issued on January 17, 2009. However, his appointment order had been withheld due to his involvement in two FIRs. Subsequently, the respondent was tried in a competent criminal Court and acquitted in both cases. The Division Bench reiterated that an acquittal in a criminal case does not automatically grant entitlement to become a Constable and emphasized that the suitability of a person who has faced criminal trials and been acquitted should be determined by the employer. This legal standpoint has previously been elucidated by the Supreme Court in the case of Avtar Singh v. Union of India.
In accordance with the legal position established by the Supreme Court, the Division Bench ruled that the Writ Court should have entrusted the appellant authorities with making an informed decision in the matter. Consequently, the Division Bench concluded the appeal by directing the appellants to reconsider the respondent's case for appointment as a Constable in Armed Police under the RBA category, based on the parameters outlined in the case of Avtar Singh. A decision in this regard is to be reached by the appellants within two months from the date of receiving this order. |
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