Court rules that acquittals on non-moral turpitude charges should not bar compassionate employment in police service.
In a significant judgment, the Madhya Pradesh High Court has ruled that a compassionate appointment cannot be denied solely due to the petitioner's previous involvement in criminal cases, particularly when such cases concluded in acquittal and did not involve moral turpitude. The decision came in the case of Raghvendra Tomar versus the State of Madhya Pradesh, where the petitioner sought judicial intervention after being denied compassionate appointment as a constable following his father's death during service.
The petitioner, Raghvendra Tomar, had disclosed pending criminal cases at the time of his application for compassionate appointment after the demise of his father, an Assistant Sub-Inspector. Despite his subsequent acquittal in these cases, the authorities refused to reconsider his application based on the Scrutiny Committee's earlier decision. The court found this decision arbitrary, particularly as the cases against Tomar arose from a matrimonial dispute, ending in his acquittal.
Justice Anand Singh Bahrawat, presiding over the case, emphasized that judicial review ensures fairness and the absence of arbitrariness in administrative decisions. The court cited precedents, notably the Supreme Court's stance in Pramod Singh Kirar v. State of Madhya Pradesh, underscoring that acquittals in non-moral turpitude cases should not impede compassionate appointments.
In its ruling, the court quashed previous orders denying Tomar's appointment and directed the authorities to proceed with his compassionate appointment within two months. The judgment highlights the court's role in safeguarding fair administrative processes and upholding the principles of justice.
Bottom line:-
Compassionate appointment cannot be denied merely because the applicant was previously involved in criminal cases, especially when such cases resulted in acquittal due to lack of evidence or were based on disputes that were ultimately settled.
Statutory provision(s): Article 226 of the Constitution of India
