NLUJ Law Review (Volume 5, Issue 1)
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Employer can deny appointment to a person acquitted in a criminal case

by AnkitaAugust 19, 2017

In a recent judgment, the Madhya Pradesh High Court held that the employer can deny employment opportunity to a person who has been acquitted in a criminal case.

The court rejected appeal of an aspirant who challenged the single bench order in the appeal taking the ground that the decision of the respondent denying appointment on the post of constable on the basis of verification of antecedents and cannot be compelled to appoint the person.

In the present matter, the petitioner-appellant has successfully cleared the selection process for the post of constable.  The appellant in declaration and verification form stated that he was arrested in respect of an offence punishable under Section 457 (housebreaking in order to commit an offence) and 380 (theft in dwelling house) of IPC.

The counsel appearing from the side of State government said that as per the notification he has been involved in an offence involving moral turpitude and is therefore not fit for employment in the police department. The respondents have examined his case in the light of the circular dated 5-6-2003 of the Home Department of MP government and it was discovered that the appellant was prosecuted for the offence involving moral turpitude under section 380 of the Indian Penal Code. Hence, he was declared unfit for employment in the police department.

The division bench comprising of Chief Justice Hemant Gupta and Justice Vijay Kumar Shukla said, “We are of the considered opinion that there is no illegality or impropriety in the decision taken by the respondent in denying appointment to the appellant-petitioner.

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