PUSHPENDRA MISHRA Vs. STATE OF M P

JUDGEMENT

(1.) Heard. The petitioner has filed this petition against the order dated 23.12.2014.

(2.) The petitioner participated in a selection process named as Police Constable Recruitment Test (Second) 2013. The petitioner cleared the written examination after getting sufficient marks. He was called for physical test. He was also directed to submit his choice of posting at District. The petitioner mentioned District Anuppur of his choice. The Screening Committee rejected the candidature of the petitioner by the impugned order dated 23.12.2014 (Ann. P.5) for appointment to the post of Constable on the ground that a criminal case was registered against the petitioner vide Crime No.27/13 for commission of offences under Section 294, 323, 451, 506-B and 34 of IPC. The charge sheet was filed against the petitioner. After holding trial the petitioner was acquitted from the offences vide judgment dated 19.6.2014 passed in criminal case No.2506/13. Because the petitioner was involved in commission of offence, hence it was not in the interest of the Police Department to appoint the petitioner on the post of Constable.

(3.) The respondents in reply pleaded that a criminal case was registered against the petitioner for commission of offences punishable under Section 294, 323, 451, 506-B and 34 of IPC. He was acquitted after giving benefit of doubt. However, looking to the facts of the case, it was not proper to appoint the petitioner on the post of Constable.