The Madhya Pradesh High Court has held that even if a newly-appointed person makes declaration truthfully of having being acquitted in a criminal case, the employer still has the right to consider his antecedents and cannot be compelled to appoint the person.
The court rejected an appeal of an aspirant.
The appellant challenged the single judge bench order in the appeal taking ground that the decision of the respondents denying appointment on the post of constable on basis of verification of antecedents and character.
The petitioner-appellant was successful in the selection process for the post of constable.
The appellant in the declaration and verification form stated he was arrested in respect of the offence punishable under sections 457 and 380 of IPC and was acquitted by the court.
The state government counsel stated even though in the declaration form, the appellant had mentioned the fact about his involvement in a criminal case, the respondents have examined the case of him in the light of the circular dated 5-6-2003 of the Home Department of MP Government and it was found the appellant was prosecuted for the offence involving moral turpitude under Section 380 of the IPC and, therefore, he was declared unfit for employment in the police department.
A division bench of comprising 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 respondents, denying appointment to the appellant-petitioner.”