JOGINDER SINGH v. UNION TERRITORY OF CHANDIGARH & Ors.

Judgment

• [2014] 11 S.C.R. 155 JOGINDER SINGH v. UNION TERRITORY OF CHANDIGARH & ORS. (Civil Appeal No. 2325 of 2009 etc.) NOVEMBER 11, 2014 [DIPAK MISRA AND V. GOPALA GOWDA, JJ.] A· B Service Law - Appointment - To the post of Constable - Denied on the ground that criminal case was initiated against the candidate - Claim for appointment - Held: The C candidate was honourably acquitted by the criminal court and he had not concealed the fact of criminal case - Hence, his past conduct would not disqualify the candidate for appointment- Punjab Police Rules, 1934, Vol. II - r. 12. 18. Allowing the appeals, the Court D HELD: 1. The acquittal of the appellant was an "honourable" acquittal in every sense and purpose. Therefore, the appellant should not have been deprived from being appointed to the post, in the public E employment, by declaring him as unsuitable to the post even though he was honourably acquitted in the criminal case registered against him. [Para 17] [162-G-H; 163-A] Deputy Inspector General of Police & Anr. v. S. Samuthiram 2012 (11) SCR 174: 2013 (1) SCC 598 - relied on. F

#2. There has been no allegation of concealment of the fact that a criminal case was registered against him by the appellant. Thus, the appellant had honestly G disclosed in his verification application submitted to the selection authority that there was a criminal case registered against him and that it ended in an acquittal 155 H • 156 SUPREME COURT REPORTS [2014] 11 S.C.R. A on account of compromise between the parties involved in the criminal case, he cannot be denied an opportunity to qualify for any post including the post of a Constable. [Para 18] [163-A-C]