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State of Madhya Pradesh v. Parvez Khan

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 10613 of 2014)Decided 1 Dec 2014
Civil Appeal No. 10613 of 2014
Justice T.S. Thakur · Justice Adarsh Kumar Goel

Background

The son of a police employee who died in service sought compassionate appointment to the police. Character verification disclosed two criminal cases ending in acquittal or compromise, and the appointing authority refused recruitment. The High Court Division Bench ordered fresh consideration on the premise that those outcomes removed the concern about suitability.

Decision Breakdown

The Supreme Court allowed the State's appeal and restored the refusal of appointment. Acquittal for lack of evidence or an outcome based on compromise did not automatically establish suitability for a disciplined police force. The applicable guidelines required examination of the basis of the criminal court's decision, and the Superintendent of Police had considered the circumstances. No mala fides, irrationality or perversity in that decision was established. Allegations that others had obtained similar appointments did not justify repeating an improper departure from the recruitment standards.

Lesson Learnt

An acquittal does not automatically guarantee a police appointment, including compassionate appointment. Recruitment authorities must assess suitability under the applicable rules and circumstances, while their decision remains open to challenge for legally relevant defects.

Official source (sci.gov.in)View Judgment (PDF)

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