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The State of Madhya Pradesh vs Bhupendra Yadav

SLP (C) · 2023 INSC 837Decided 20 Sept 2023
SLP (C) No. 27301 of 2018
Hima Kohli · Rajesh Bindal

Background

The respondent was selected for the post of Police Constable in Madhya Pradesh after clearing the recruitment exam, but in his character verification form he disclosed that he had earlier faced a criminal case (involving stalking/outraging a minor's modesty and charges under the POCSO Act) which ended in his acquittal after the complainant and witnesses turned hostile following a compromise. The Superintendent of Police, Ujjain, declared him unfit for government service on the ground of "moral degradation," and a Single Judge of the High Court upheld this decision, relying on the Supreme Court's earlier guidelines in Avtar Singh v. Union of India. A Division Bench of the High Court reversed this, holding that since the respondent had honestly disclosed the case and had no other pending cases, the matter should be sent back for fresh consideration, prompting the State's appeal to the Supreme Court.

Decision Breakdown

The Supreme Court restored the original rejection of the respondent's candidature. It held that although the respondent had truthfully disclosed the case, his acquittal was not a "clean acquittal". It resulted from the complainant and witnesses turning hostile after a compromise, not because the allegations were disproved. Applying its own precedent in Avtar Singh, the Court reiterated that even a truthfully disclosed but non-clean acquittal in an offence involving moral turpitude allows an employer to exercise discretion and reject a candidate, especially for a sensitive post like a police constable, which demands a higher standard of character and integrity than an ordinary government job. It held the State had properly exercised its discretion and there was no arbitrariness or bad faith requiring court interference.

Lesson Learnt

Being acquitted of a criminal charge does not automatically entitle a person to a government job, especially in law enforcement. If the acquittal came about through a compromise or witnesses turning hostile rather than a genuine finding of innocence, the employer can still lawfully treat the candidate as unfit, particularly where the alleged offence involved moral turpitude.

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

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