NDLI: The State of Madhya Pradesh & Ors. Vs. Bunty

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	post of constable Appotntment denied Service Law appointment could not be a matter of course involved in a criminal case acquitted on benefit of doubt
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Indian Penal Code (45 of 1860)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Service Law: Appointment – On the post of constable – Denied on the ground that he was involved in a criminal case for commission of offence u/ss. 392 and 411 of IPC – Writ petition challenging the denial order – Single Judge of High Court dismissed the writ petition – In writ appeal, Division Bench of High Court held that appointment order should have been issued as the candidate was acquitted in the criminal case giving him benefit of doubt – On appeal, held: If acquittal in criminal case is based on benefit of doubt or any other technical reason, the employer can take into consideration all the relevant facts to take an appropriate decision as to the fitness of incumbent for appointment/continuance in service – In the present case, the criminal case against the respondent/candidate was of serious kind involving moral turpitude – Since the candidate was acquitted on the basis of benefit of doubt, clouds cannot be said to be clear as to his antecedents, and hence appointment could not have followed as a matter of course.
Judge	Hon'ble Mr. Justice Arun Mishra Hon'ble Mr. Justice Navin Sinha
Neutral Citation	2019 INSC 368
Petitioner	The State Of Madhya Pradesh & Ors.
Respondent	Bunty
SCR	[2019] 5 S.C.R. 504
Judgement Date	2019-03-14
Case Number	3046

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1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
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4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
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