"Supreme Court Directs State to Consider Appointment of Constable, Says 'No Suppression of Material Information'"

In a landmark decision, the Supreme Court of India has directed the State of West Bengal to consider the appointment of a respondent as a constable in the West Bengal Police Force. The Court stated that there was "no suppression of material information" by the respondent, thereby overturning the State's argument against his appointment.

The Bench, consisting of Justices J.K. Maheshwari and K.V. Viswanathan, delivered the judgment earlier today. The case revolved around the State's appeal against a High Court judgment that had initially directed the appointment of the respondent.

The Supreme Court observed that the verification roll used for the recruitment process was "vague" and did not specifically ask about pending criminal cases. "The respondent had answered 'No' to a question about being 'arrested, detained, or convicted,' which the Court deemed appropriate given the phrasing of the question," the judgment read.

Further, the Court noted that the respondent was acquitted in a criminal case that "did not involve heinous or serious offences or moral turpitude." The Court stated, "The prosecution had failed to prove the charges against the respondent."

In its decision, the Court also referred to the case of "Avtar Singh Vs. Union of India and Others, (2016) 8 SCC 471" to emphasize the guidelines for dealing with suppression of information and the effect of conviction/acquittal on employment.

The Supreme Court modified the High Court's order and directed the State to consider the respondent's case for appointment within four weeks. However, the Court clarified that the respondent would only be entitled to "notional benefits," including continuity in service and pay fixation, but not salary and back wages until the date of his appointment.

Date of Decision: 22 August 2023

State of West Bengal & Ors. vs Mitul Kumar Jana