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Union Territory, Chandigarh Administration & Ors. v. Pradeep Kumar & Anr. and connected matters

Civil Appeal · 2018 INSC 10Decided 8 Jan 2018
Civil Appeal No. 67 of 2018, Civil Appeal No. 70 of 2018, Civil Appeal No. 68 of 2018, Civil Appeal No. 69 of 2018
Justice R. Banumathi · Justice Uday Umesh Lalit

Background

The respondent, selected as a Constable in Chandigarh Police after clearing the physical and written tests, had disclosed in his attestation form that he had faced a criminal trial (for offences including causing hurt and criminal intimidation) in which he was acquitted on benefit of doubt after witnesses turned hostile. A Screening Committee, as required under the police's Standing Order, examined the acquittal and found him unsuitable for the disciplined force, cancelling his candidature. The Central Administrative Tribunal and then the High Court set aside the Screening Committee's decision and directed his appointment, holding there was no concealment of antecedents. The State appealed to the Supreme Court along with three similarly-situated appeals (CA Nos. 68, 69 and 70 of 2018, concerning other rejected candidates), since all raised the same question.

Decision Breakdown

The Supreme Court held that a mere acquittal does not automatically entitle a candidate to appointment to a disciplined police force, only an "honourable acquittal" (full exoneration on merits, not merely a technical or benefit-of-doubt acquittal caused by hostile witnesses) carries that weight, relying on its earlier rulings in Commissioner of Police v. Mehar Singh and State of M.P. v. Parvez Khan. Reviewing each respondent's case in detail, the Court found that every acquittal here resulted from witnesses turning hostile or similar prosecution flaws, not a clean exoneration, so the Screening Committee's assessment of unsuitability could not be faulted. It held that courts cannot substitute their own view for a bona fide decision of the Screening Committee, whose task is specifically to protect the integrity of the police force, and that there was no finding of mala fide here. Accordingly, the Tribunal's and High Court's orders were set aside, and the cancellation of the respondents' candidature (across all four tagged appeals) was upheld.

Lesson Learnt

Being acquitted in a criminal case does not guarantee a right to a police job: if the acquittal was only on benefit of doubt or due to witnesses turning hostile rather than a genuine exoneration on merits, a Screening Committee may still lawfully treat a candidate as unsuitable for a disciplined force.

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

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