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Civil · Reportable judgment

Imtiyaz Ahmad Malla vs The State of Jammu and Kashmir and Others

Court
Supreme Court of India
Date
28 February 2023
Case No.
Special Leave Petition (Civil) No. 678 of 2021
Result
Dismissed
Bench
Ajay Rastogi, Bela M. Trivedi
Citation
[2023] 3 S.C.R. 165 : 2023 INSC 179
Supreme Court Reports [2023] 3 S.C.R. 165 : 2023 INSC 179
Headnote

Service Law: Reinstatement – Petitioner issued appointment letter for the post of constable in the Jammu and Kashmir Executive Police – He suppressed the information with regard to his involvement in the criminal case – In view thereof, his appointment order cancelled – Later, the petitioner acquitted in the criminal case pending against him – High Court set aside the cancellation order – Respondent directed to take further action – On reconsideration, the Director General of Police in view of the criminal background of the petitioner, found him unsuitable for the post – Writ petition by the petitioner seeking reinstatement – However, the Single Bench as well as the Division Bench upheld the decision of the Director General of Police – On appeal, held : Mere acquittal in a criminal case does not entitle an employee to the reinstatement in service – In the police force there is a requirement of integrity and high standard of conduct – Courts below rightly held that the Director General being the highest functionary in the police hierarchy, was the best judge to consider the suitability of the petitioner for induction into the police force – Thus, no illegality and infirmity in the impugned order being just and proper – No interference called for in exercise of its jurisdiction u/Art. 136 – Constitution of India – Art. 136 – Ranbir Penal Code – s. 379 – Forest Act – s. 6 .

Constitution of India: Art. 136 – Special and extraordinary power under – Scope of – Held: To be exercised in rare and exceptional cases.

Words and Phrases:”Honourable acquittal” – Meaning of.

Union Territory, Chandigarh Administration And Others vs. Pradeep Kumar And Another (2018) 1 SCC 797 : [2018] 1 SCR 112; Commissioner of Police, New Delhi and Another vs. Mehar Singh (2013) 7 SCC 685 : [2013]

13 SCR 432; Management of Reserve Bank of India, New Delhi vs. Bhopal Singh Panchal (1994) 1 SCC

541 : [1993] 3 Suppl. SCR 586; R. P. Kapur vs. Union of India and Another AIR 1964 SC 787 : [1964] SCR 431; Avtar Singh Vs. Union of India and Others (2016)

8 SCC 471 : [2016] 7 SCR 445 – referred to.

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

The Judgment of the Court was delivered by BELA M. TRIVEDI, J. 1. The instant special leave petition is directed against the Judgment and Order dated 09.08.2019 passed by the High Court of Jammu and Kashmir at Srinagar in LPASW No. 71 of 2018, whereby the High Court has dismissed the appeal filed by the petitioner-appellant and confirmed the order dated 14.05.2018 passed by the Single Bench dismissing the SWP No. 1766 of 2017. 2. Briefly stated, the petitioner had successfully participated in the selection process conducted in 2008-2009 for the post of constable in theJammu and Kashmir Exec
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