Acquittal is not automatically entitled for the employment – SC

D.D.  06 OCTOBER  2021

Employment – Criminal Background – Acquittal – Post of Constable in CISF – If a person is acquitted giving him the benefit of doubt, from the charge of an offence involving moral turpitude or because the witnesses turned hostile, it would not automatically entitle him for the employment, that too in disciplined force. The employer is having a right to consider his candidature in terms of the circulars issued by the Screening Committee. The mere disclosure of the offences alleged and the result of the trial is not sufficient. In the said situation, the employer cannot be compelled to give appointment to the candidate. 

Service Law – Honorable Acquittal – If the acquittal is directed by the court on consideration of facts and material evidence on record with the finding of false implication or the finding that the guilt had not been proved, accepting the explanation of accused as just, it be treated as honourable acquittal. In other words, if prosecution could not prove the guilt for other reasons and not ‘honourably’ acquitted by the Court, it be treated other than ‘honourable’, and proceedings may follow. 

Service Law – The law with regard to the effect and consequence of the acquittal, concealment of criminal case on appointments etc. – Explained. 

UNION OF INDIA AND OTHERS  

Versus 

METHU MEDA