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Supreme Court of India 2023-02-28 dismissed

IMTIYAZ AHMAD MALLA vs THE STATE OF JAMMU AND KASHMIR AND OTHERS

Bench: 2 — Ajay Rastogi, Bela M. Trivedi

In Brief

A man recruited as a police constable was later found to have concealed a pending criminal case during appointment. His appointment was cancelled. Though he was acquitted in the criminal trial, the Director General of Police refused reinstatement, finding him unsuitable due to his criminal antecedents. The Supreme Court upheld this refusal, holding that acquittal does not automatically entitle a dismissed police candidate to reinstatement. An acquittal granted on technical grounds or benefit of doubt is not an "honourable acquittal." The police force, being a disciplined service, requires persons of impeccable integrity; courts cannot compel the highest police authority to appoint someone with criminal background unless the acquittal is complete exoneration.

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Police Recruitment Criminal Procedure Administrative Law Disciplinary Forces Constitutional Law Character and Integrity Acquittal

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