Clean Acquittal Entitles Candidate to Police Appointment: Delhi HC Directs Appointment of SI Despite Past Criminal Case

Delhi High Court set aside the Central Administrative Tribunal’s decision rejecting Manish Saini’s appointment as Sub-Inspector in Delhi Police. Justice C. Hari Shankar, alongside Dr. Justice Sudhir Kumar Jain, ruled that Saini’s acquittal in a 2011 robbery case was "clean," entitling him to join the police force. The court found that the Screening Committee’s assessment, which disqualified Saini based on alleged “criminal tendencies,” ignored the essence of his acquittal, amounting to a "non-application of mind."
Manish Saini had been charged in 2011 under Sections 398 and 401 of the Indian Penal Code (IPC) and relevant provisions of the Arms Act for allegedly attempting to rob passersby. He was acquitted in 2012, with the Additional Sessions Judge (ASJ) in Sonepat dismissing the evidence as unreliable, citing inconsistencies among police witnesses and lack of independent corroboration.
Saini applied for the role of Sub-Inspector in the Delhi Police in 2017 and disclosed the acquittal on his application. After being provisionally selected, a Screening Committee in 2019 recommended canceling his appointment, asserting that the charges displayed a "criminal tendency." Following this, the Central Administrative Tribunal upheld the committee's decision in 2022, prompting Saini to file a writ petition before the Delhi High Court.
The High Court criticized the Screening Committee’s dismissal of Saini’s acquittal, emphasizing that the ASJ’s verdict lacked any suggestion of Saini’s guilt or "benefit of doubt." The court cited multiple Supreme Court rulings that “honourable acquittal” mandates appointment eligibility unless there is explicit evidence of misconduct.
The ASJ’s judgment underscored the absence of credible evidence and the improbability of the charges, rendering the prosecution's case "feeble and unbelievable." Based on this, Justice Shankar ruled that Saini’s acquittal must be considered “clean” and free from any "shadow of doubt."
"The Screening Committee has effectively sat in appeal over the judgment of the learned ASJ, which it was not competent to do,” the court stated. “The alleged possession of knives, which influenced the committee’s decision, was specifically discredited by the ASJ."
The High Court directed the Delhi government to appoint Saini as a Sub-Inspector from the date of selection with full seniority benefits, while denying back wages. This ruling reinforces the principle that a clean acquittal restores a candidate’s eligibility, particularly in public roles where integrity and character assessments are crucial.
 

Date of Decision: November 4, 2024
Manish Saini vs. Government of NCT of Delhi & Anr