Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | involvement in the criminal case appointment order cancelled Honourable acquittal Reinstatement Service Law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India, Indian Forest Act, 1927 (16 of 1927) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Special Leave Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Service Law: Reinstatement – Petitioner issued appointment letter for the post of constable in the Jammu and Kashmir Executive Police – He suppressed the information with regard to his involvement in the criminal case – In view thereof, his appointment order cancelled – Later, the petitioner acquitted in the criminal case pending against him – High Court set aside the cancellation order – Respondent directed to take further action – On reconsideration, the Director General of Police in view of the criminal background of the petitioner, found him unsuitable for the post – Writ petition by the petitioner seeking reinstatement – However, the Single Bench as well as the Division Bench upheld the decision of the Director General of Police – On appeal, held : Mere acquittal in a criminal case does not entitle an employee to the reinstatement in service – In the police force there is a requirement of integrity and high standard of conduct – Courts below rightly held that the Director General being the highest functionary in the police hierarchy, was the best judge to consider the suitability of the petitioner for induction into the police force – Thus, no illegality and infirmity in the impugned order being just and proper – No interference called for in exercise of its jurisdiction u/Art. 136 – Constitution of India – Art. 136 – Ranbir Penal Code – s. 379 – Forest Act – s. 6 . Constitution of India: Art. 136 – Special and extraordinary power under – Scope of – Held: To be exercised in rare and exceptional cases. Words and Phrases:”Honourable acquittal” – Meaning of. |
Judge | Hon'ble Ms. Justice Bela M. Trivedi |
Neutral Citation | 2023 INSC 179 |
Petitioner | Imtiyaz Ahmad Malla |
Respondent | The State Of Jammu And Kashmir And Others |
SCR | [2023] 3 S.C.R. 165 |
Judgement Date | 2023-02-28 |
Case Number | 678 |
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