VidhiSangh

Supreme Court of India · 28/02/2023

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

[2023] 3 S.C.R. 165 · 2023 INSC 179

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Summary

A constable appointed to the Jammu and Kashmir Police in 2009 was found through fingerprint records to be an accused in a pending 2007 theft case he had not disclosed, and his appointment was cancelled; after his acquittal on benefit of doubt the High Court directed reconsideration, whereupon the Director General of Police found him unsuitable for a disciplined force, a decision upheld by the Single Judge and Division Bench. The Supreme Court dismissed the special leave petition: an acquittal where the investigating officer was not examined and the evidence was contradictory is not an honourable acquittal, mere acquittal confers no right to appointment, and under Mehar Singh, Pradeep Kumar and Avtar Singh the employer may still assess antecedents, the decision of the highest police functionary being final unless mala fide.

Issues

  1. Whether a candidate for the police force whose appointment was cancelled for a concealed pending criminal case can compel reinstatement after being acquitted on benefit of doubt, when the Director General of Police has found him unsuitable on account of his criminal background.

Provisions considered

Held

Result

Special leave petition dismissed; Jammu and Kashmir High Court Division Bench judgment dated 09.08.2019 in LPASW No. 71 of 2018, upholding the Director General of Police's order dated 31.07.2017 finding the petitioner unsuitable for the post of constable, left undisturbed.

Judgment PDF: Supreme Court of India, [2023] 3 S.C.R. 165.