Appointment - Candidate implicated in a criminal case - Acquitted subsequent to verification of antecedents be considered

Punjab and Haryana High Court Orders Re-evaluation of Police Candidate’s Eligibility Following Acquittal Court Directs Haryana Police to Reconsider Appointment of Amit Kumar in Light of Supreme Court Guidelines and Relevant Rules

In a landmark judgment, the Punjab and Haryana High Court has directed the Haryana Police to reassess the eligibility of Amit Kumar for the position of Male Constable (General Duty) after he was acquitted of criminal charges. The ruling, delivered by Justice Jagmohan Bansal on November 12, 2025, emphasizes the necessity of considering acquittals and the nature of offenses during the recruitment process, aligning with both the Punjab Police Rules, 1934, and a Supreme Court judgment.

Amit Kumar, who applied for the police post in response to Advertisement No.4/2020, was implicated in a criminal case under Sections 279, 337, 338 of the Indian Penal Code and Section 181 of the Motor Vehicles Act during the selection process. Despite being acquitted by the trial court, his application was previously rejected by the authorities on August 18, 2025, due to the pending status of his trial during the initial verification phase.

The court noted that the competent authority did not consider Rule 12.18(3)(b) of the Punjab Police Rules, 1934, which applies to cases not involving moral turpitude or punishable with imprisonment of less than three years. The Supreme Court’s guidelines in the 2024 Ravindra Kumar v. State of Uttar Pradesh case also stress evaluating the nature and timing of the offense, the acquittal judgment, and other personal factors of the candidate.

Justice Bansal highlighted that Amit Kumar disclosed the pending FIR in his verification form and was acquitted of offenses that do not carry a maximum punishment of three years. The judgment mandates the Director General of Police, Haryana, to re-evaluate Kumar’s case within two months, ensuring that if found eligible, his service benefits are backdated to his initial date of joining.

This decision underscores the importance of a holistic assessment of candidates’ backgrounds in police recruitment and ensures that procedural fairness is upheld in line with judicial precedents.

Bottom Line:

Appointment in Haryana Police - Candidate implicated in a criminal case for offences not involving moral turpitude or punishable with imprisonment of less than three years - Acquittal subsequent to verification of antecedents - Matter to be reconsidered in light of Rule 12.18(3)(b) of Punjab Police Rules, 1934 (as applicable to State of Haryana) and judgment of Supreme Court in Ravindra Kumar v. State of Uttar Pradesh, (2024) 5 SCC 264.

Statutory provision(s): Rule 12.18(3)(b) of Punjab Police Rules, 1934, Sections 279, 337, 338 of IPC, Section 181 of Motor Vehicles Act, Article 226 of the Constitution of India, Ravindra Kumar v. State of Uttar Pradesh, (2024) 5 SCC 264

Amit Kumar v. State of Haryana, (Punjab And Haryana) : Law Finder Doc Id # 2807508