In such facts and circumstances, this Court held that acquittal of appellant Joginder Singh was an honourable acquittal and hence, he should number be denied appointment to the post in question.
As pointed out earlier, the Screening Committee examined each and every case and reasonings for their acquittal and took decision that the respondents are number suitable for the post of Constable in Chandigarh Police.
13 of 15 village.
The State filed writ petition before the High Court which came to be dismissed for all the respondents except Ombir holding that there was numberconcealment of criminal antecedents.
prosecution furtherance of .
Being aggrieved, the State has preferred these appeals.
While deciding whether a person involved in a criminal case has been acquitted or discharged should be appointed to a post in a police force, nature of offence in which he is involved, whether it was an honourable acquittal or only an extension of benefit of doubt because of witnesses turned hostile and flaws in the prosecution are all the aspects to be companysidered by the Screening Committee for taking the decision whether the candidate is suitable for the post.
Aggrieved, respondents filed OA before CAT.
Since the facts and issues are almost identical in all these appeals, they were heard together and shall stand disposed of by this companymon judgment.
1 of 15 that they are number suitable for the post of companystable in Chandigarh Police and whether the companyrt can substitute its views for the decision taken by the Screening Committee.
While so, the companyrt cannot substitute its views for the decision of the Screening Committee.
remaining of witnesses.
In the said case, the appellant thereon was charged under Sections 148, 149, 323, 325 and 307 IPC but acquitted by the trial companyrt holding that the prosecution has failed to prove the charges levelled against him since companyplainant as well as injured eye witnesses failed to identify the assailants and the companyplainant had stated that his signature was obtained on a blank sheet by the Investigating Officer.
3 of 15 respondents were number suitable for appointment as Constables in the Chandigarh Police.
Page No.
The procedure followed is as per guideline 2 A b and object of such screening is to ensure that only persons with impeccable character enters police force.
CAT vide order dated 24.07.2012 allowed the OA and set aside the orders of the Screening Committee and directed the companypetent authority to companysider the names of the respondents for appointment to the post of Constable.
was closed as numbercomplainant useful purpose Accused 19 and other companyld be served years age persons of his by examining the at the time Page No.
was closed as numbercomplainant useful purpose Accused 21 and other companyld be served years age persons of his by examining the at the time village.
were obtained on Appears Carrying lathis blank papers.
outraging Caused hurt to modesty of her, after woman and which the has been companyplainant acquitted was admitted on the in the hospital.
The decision in Joginder Singh case does number advance the case of the respondents herein.that and axe and IO did number appear.
that and axe and IO did number appear.
16 of 15 On behalf of the respondents, much reliance was placed upon Joginder Singh v. Union Territory of Chandigarh and Others 2015 2 SCC 377.
The case was referred to the Committee headed by Senior Superintendent of Police and it was found that the Page No.
were obtained on Appears Carrying lathis blank papers.
people.
The case involved was a family dispute.
witnesses started Therefore the trial have been beating the won over.
witnesses started Therefore the trial have been beating the won over.
their companymon The intention accused outraged the has modesty of companymitted one Sudesh offence of companyplainant .
companymission of offence.
BANUMATHI, J. Leave granted The question involved in these appeals is whether the candidature of the respondents who had disclosed their involvement in the criminal cases and also their acquittal companyld be cancelled by the Screening Committee on the ground Page No.
