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The State of Madhya Pradesh and Ors. v. Abhijit Singh Pawar

Civil Appeal · 2018 INSC 1101Decided 26 Nov 2018
Civil Appeal No. 11356 of 2018
Justice Uday Umesh Lalit · Dr. Justice D.Y. Chandrachud

Background

The respondent applied for a police constable-level post in Madhya Pradesh and disclosed, in his character-verification affidavit, a pending criminal case against him involving injury-related IPC offences. Days later, that case was compounded/compromised before a Magistrate and he was acquitted as a result of the compromise. The police department rejected his candidature on character-verification grounds despite his selection in the written exam, but the High Court (Single Judge, affirmed by Division Bench) ordered his appointment.

Decision Breakdown

The Supreme Court held that disclosing a pending criminal case does not automatically entitle a candidate to appointment: the employer retains the right to assess antecedents and suitability even after truthful disclosure, especially for a disciplined force like the police. Relying on its earlier rulings in Mehar Singh and Avtar Singh, the Court held that an acquittal secured through compromise/compounding is not equivalent to an "honourable acquittal" after a full trial, and the Screening Committee was entitled to treat it as disqualifying. Finding no mala fide in the State's rejection decision, the Court allowed the State's appeal and set aside the High Court's orders directing appointment.

Lesson Learnt

For recruitment into disciplined services like the police, truthfully disclosing a pending criminal case does not guarantee appointment: the employer can still weigh the nature of the offence and how the case ended (e.g., acquittal via compromise versus a clean acquittal on merits) in deciding suitability.

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

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