NDLI: The State of Madhya Pradesh and Others Vs. Bhupendra Yadav

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Service Law – Rejection of candidature by the departmental authorities on basis of moral turpitude
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Issue for consideration:Whether the appellants have erred in rejecting the candidature ofthe respondent to the post of Constable, despite the latter havingtruthfully disclosed in his affidavit the fact that he had faced trialin a criminal case which had resulted in his acquittal.Service Law – Rejection of candidature by the departmentalauthorities on basis of moral turpitude – Propriety:Held: An employer has the discretion to terminate or condone anomission in the disclosure made by a candidate – While doing so,the employer must act with prudence, keep in mind the nature ofthe post and the duties required to be discharged – Higher the post,more stringent ought to be the standards to be applied – Even ifa truthful disclosure has been made, the employer is well withinits right to examine the fitness of a candidate and in a concludedcriminal case, keep in mind the nature of the offence and verifywhether the acquittal is honourable or benefit has been extendedon technical reasons – If the employer arrives at a conclusion thatthe incumbent is of a suspect character or unfit for the post, hemay not be appointed or continued in service – In the instant case,even though the respondent had truthfully declared that he wasinvolved in a criminal case which was decided by the trial Court,on perusing the facts of the said case, it is clear that it was not acase of clean acquittal – It is evident from the facts narrated thatafter the charge-sheet was filed, the respondent had arrived at acompromise with the complainant, based on which the offenceu/s. 341 IPC was compounded – As for the remaining offencesfor which the respondent was charged i.e. s.354(D) of the IPCand s.11 (D)/12 of the POCSO Act, they were non compoundableand therefore, the matter was taken to trial – The respondent wasacquitted by the trial Court primarily on account of the fact that thecomplainant did not support the case set up by the prosecutionand the other prosecution witnesses had turned hostile – In suchcircumstances, the respondent’s plea that he had been given aclean acquittal in the criminal case, is found to be devoid of merits– Mere acquittal of the respondent in the criminal case would notautomatically entitle him to being declared fit for appointment tothe subject post. [Paras 10, 16, 19]
Judge	Hon'ble Ms. Justice Hima Kohli
Neutral Citation	2023 INSC 837
Petitioner	The State Of Madhya Pradesh And Others
Respondent	Bhupendra Yadav
SCR	[2023] 14 S.C.R. 438
Judgement Date	2023-09-20
Case Number	5984

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
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
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

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