IT Act | Unpaid Excise Duty On Stock In Bonded Warehouse Can't Be Disallowed If Not Debited To P&L Account: Supreme Court Supreme Court Cannot Act As Supervisory Body Over Arbitral Execution Under Guise Of Clarification War Injury Pension Admissible For Disabilities In Specially Notified Operations Like 'Operation Rakshak' Absent Express Policy Exclusion: Supreme Court Income Tax Act | Reassessment Valid If Fresh Tangible Material Shows Escapement; Plea Of 'Change Of Opinion' Untenable Without Prior Conscious Adjudication: Supreme Court Arbitration Act | Power To Extend Arbitral Mandate Vests In S.2(1)(e) 'Court', Not High Court Under S.11; S.14 IBC No Bar On Claims By Corporate Debtor: Supreme Court Section 292BB IT Act Inapplicable Where Notice Not Issued At All; Notice Under Section 143(2) Mandatory Jurisdictional Prerequisite For Reassessment Under Section 147: Supreme Court PC Act | 'Known Sources Of Income' Means Sources Disclosed To Prosecution; IO Need Not Conduct Roving Enquiry Into Undisclosed Assets: Supreme Court Non-Furnishing Of Written Grounds Of Arrest Under Section 47 BNSS Not Blanket Ground For Bail Absent Demonstrable Prejudice: Supreme Court Cross-Suits Under Trade Marks Act: Supreme Court Exercises Section 25 CPC Discretion To Consolidate & Transfer Parallel Infringement Suits To Neutral Forum Striking Off Husband's Defence For Default In Interim Maintenance Does Not Extinguish Right To Cross-Examine Wife: Madhya Pradesh High Court Under Section 125 CrPC Proclaimed Offender Ineligible For Anticipatory Bail Unless No Prima Facie Offence Disclosed, Advocate Status Offers No Shield: Delhi High Court Under Section 84 BNSS Order 38 Rule 5 CPC | Defendant Residing Outside Jurisdiction Or Evasive Written Statement No Ground To Direct Furnishing Of Security Absent Intent To Obstruct Decree: Delhi High Court Cheque Issued By Guarantor Falls Under Section 138 NI Act; Principal Debtor’s Incarceration Does Not Extinguish Criminal Liability: Rajasthan High Court S. 151 CPC Cannot Be Invoked To Circumvent Summary Scheme Under S. 25-B DRC Act By Belatedly Supplementing Leave To Defend: Delhi High Court Fresh Encroachers Lacking Title Cannot Stall Execution Of Concluded Eviction Orders Affirmed By Supreme Court: Madhya Pradesh High Court Mere Production Of Birth Register Without Proving Source Of Information Cannot Prove Minority Under POCSO Act: Gujarat High Court Mere Agreement To Sell Or Suit For Specific Performance Confers No Title Under Section 54 TP Act, Cannot Bar Eviction Decree Against Permissive Occupant: Gujarat High Court Regional Rural Banks Cannot Perpetuate Exploitative Temporary Engagements For Perennial Roles; Must Frame Regularisation Scheme Under Article 226: Orissa High Court Odisha Grama Panchayats Act | 15 Clear Days Notice Mandatory For No Confidence Motion; Computed From Date Of Dispatch Excluding Dispatch & Meeting Dates: Orissa High Court Order 21 Rule 97 CPC | Technical Objection That CMA Lies Instead Of Revision Cannot Defeat Merits Adjudication When Auction Purchaser Deprived Of Possession For Decades: Andhra Pradesh High Court Time-Barred Challenge To Sale Deeds & Property Substitution Affecting Third-Party Rights Impermissible Under Order 6 Rule 17 CPC: Bombay High Court No Woman Can Be Compelled To Continue Pregnancy, Court Order Sufficient If Guardian Reluctant To Bear Medical Risk: Kerala High Court Permits Termination At 27 Weeks For Minor Rape Survivor Section 25(3) Contract Act Inapplicable Without Proving Due Execution; Firm Cheque Signed Solely By Retired Partner Cannot Revive Time-Barred Debt: Kerala High Court

"Higher Standard of Rectitude Required for Law Enforcement Appointments," Supreme Court

07 May 2024 2:49 AM

By: Admin


New Delhi, September 20, 2023: The Supreme Court of India clarified the requirements and standards to be met for appointments in law enforcement agencies, particularly the police force. In a crucial judgment, the apex court stated that "the standard of rectitude to be applied to any person seeking appointment in a Law Enforcement Agency must always be higher and more rigorous."

The case came into prominence when an individual, despite being acquitted in a criminal case, had his application for a police post rejected. The appellant-State Government argued that while the individual was acquitted, the circumstances surrounding the acquittal made it clear that it was not a 'clean' one.

Justice Hima Kohli and Justice Rajesh Bindal observed, "This is a classic example of the situation contemplated in para 38.4.3 of Avatar Singh where the charges framed against the respondent herein involved moral turpitude." The court further added that a law enforcement official has the responsibility of maintaining law and order, and thus, "possession of a higher moral conduct is one of the basic requirements for appointment to a post as sensitive as that in the police service."

In the court's view, "mere acquittal of the respondent in the criminal case would not automatically entitle him to being declared fit for appointment to the subject post." The judgment emphasized that the employer has a right to consider the antecedents and moral character of the candidate for such a critical role.

According to the ruling, the State Government's decision was "not tainted by any malafides or arbitrariness," thus endorsing the need for stricter scrutiny for appointments in law enforcement agencies.

Date of Decision: September 20, 2023

THE STATE OF MADHYA PRADESH AND OTHERS vs BHUPENDRA YADAV         

Latest Legal News