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Supreme Court of India 2023-09-20 allowed

THE STATE OF MADHYA PRADESH AND OTHERS vs BHUPENDRA YADAV

Bench: 2 — Hima Kohli, Rajesh Bindal

In Brief

A candidate for the post of police constable in Madhya Pradesh had disclosed his involvement in a criminal case during verification and was subsequently acquitted at trial. The police department rejected his candidature on grounds of moral turpitude. The High Court Division Bench allowed his appeal, relying on his truthful disclosure and clean acquittal. The Supreme Court reversed this, holding that while truthful disclosure is important, an employer may still reject a candidate for sensitive posts like police work based on overall antecedents. Where an acquittal results from technical grounds or hostile witnesses rather than a clean exoneration, and the charges involved moral turpitude, the employer may refuse appointment. Higher moral standards apply to law enforcement posts.

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