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Civil · Reportable judgment

State of Madhya Pradesh and Others vs Abhijit Singh Pawar

Court
Supreme Court of India
Date
26 November 2018
Case No.
Civil Appeal No. 11356 of 2018
Result
Allowed
Bench
Uday Umesh Lalit, D.Y. Chandrachud
Citation
[2018] 13 S.C.R. 1133 : 2018 INSC 1101
Supreme Court Reports [2018] 13 S.C.R. 1133 : 2018 INSC 1101
Headnote

Service law: Appointment – Antecedents and suitability of the candidate – Consideration of – On facts, the respondent participated in the selection process for posts of subedars, platoon commanders and inspectors of police – Disclosure made in an affidavit that a criminal case is pending against him – Within four days compromise entered into between the parties and application for compounding of the offences allowed – Thereafter, the respondent was selected in the written examination, however, after considering his character verification report, his candidature was rejected – Writ petition thereagainst allowed by the Single Judge of the High Court – Said order upheld by the Division Bench – On appeal, held: Even after the disclosure is made by a candidate, the employer would be well within his rights to consider the antecedents and the suitability of the candidate – Employer can certainly take into account the job profile for which the selection is undertaken, the severity of the charges levelled against the candidate and whether the acquittal was an honourable acquittal or was merely on the ground of benefit of doubt or as a result of composition – On facts, nothing on record to suggest that the decision of rejecting the candidature of respondent was actuated by mala fides or suffered on any other count – Thus, the order passed by the High Court is set aside.

Allowing the appeal, the Court

HELD: 1.1 In the instant case, as on the date when the respondent had applied, a criminal case was pending against him. Compromise was entered into only after an affidavit disclosing such pendency was filed. Even after the disclosure is made by a candidate, the employer would be well within his rights to consider the antecedents and the suitability of the candidate. While so considering, the employer can certainly take into account the job profile for which the selection is undertaken, the severity of the charges levelled against the candidate and whether the acquittal in question was an honourable acquittal or was merely on the ground of benefit of doubt or as a result of composition. [Para 15][1145-B-D]

Read the full headnote (5 more paragraphs)

1.2 There is nothing on record to suggest that the decision taken by the concerned authorities in rejecting the candidature of the respondent was in any way actuated by mala fides or suffered on any other count. The decision on the question of suitability of the respondent was absolutely correct and did not call for any interference. The decisions rendered by the Single Judge as well as by the Division Bench are set aside. [Para 17][1145-G-H]

Commissioner of Police, New Delhi and another v. Mehar Singh (2013) 7 SCC 685 : [2013] 13 SCR 432; State of Madhya Pradesh and others v. Parvez Khan (2015) 2 SCC 591; Union Territory, Chandigarh

Administration and others v. Pradeep Kumar and

another (2018) 1 SCC 797 : [2018] 1 SCR 112; Avtar Singh v. Union of India and others (2016) 8 SCC 471 : [2016] 7 SCR 445; Mohammed Imran v. State of

Maharashtra and others 2018 (10) JT 15 - 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 UDAY UMESH LALIT, J. 1. Leave granted. This appeal challenges correctness of the judgment and order dated 22.09.2015 passed by the High Court of Madhya Pradesh at Indore in Writ Appeal No.132 of 2015. 2. In 2012, the Professional Examination Board, Madhya Pradesh invited applications for filling up the posts of Subedars, Platoon Commanders and Inspectors of Police. Clause 1.13 of the advertisement dealt with character verification of the candidates. True translation of said clause 1.13 along with Note appended thereto was to the following effect: “
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