Yogesh Sharma vs The State Of Madhya Pradesh on 5 May, 2026

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    Madhya Pradesh High Court

    Yogesh Sharma vs The State Of Madhya Pradesh on 5 May, 2026

    Author: Gurpal Singh Ahluwalia

    Bench: G. S. Ahluwalia

             NEUTRAL CITATION NO. 2026:MPHC-GWL:14514
    
    
    
    
                                                                   1                                 WA-1303-2026
                                  IN     THE        HIGH COURT OF MADHYA PRADESH
                                                          AT GWALIOR
                                                               BEFORE
                                                HON'BLE SHRI JUSTICE G. S. AHLUWALIA
                                                                 &
                                              HON'BLE SHRI JUSTICE PUSHPENDRA YADAV
                                                          ON THE 5 th OF MAY, 2026
                                                       WRIT APPEAL No. 1303 of 2026
                                                          YOGESH SHARMA
                                                              Versus
                                             THE STATE OF MADHYA PRADESH AND OTHERS
                               Appearance:
                                     Mr. Prashant Sharma and Mr. Upendra Yadav - Advocates for appellant.
                                     Mr. Vivek Khedkar - A.A.G., assisted by Mr. Ravindra Dixit - G.A. for
                               respondents/State.
    
                                                                  JUDGMENT
    

    Per: Justice Gurpal Singh Ahluwalia
    This appeal is filed under Section 2(1) of Madhya Pradesh Uchcha
    Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 against the order
    dated 15-01-2026 passed by learned Single Judge in W.P. No. 5719/2017, thereby
    dismissing his writ petition against the cancellation of appellant’s claim for
    appointment on compassionate ground on the post of constable in police

    department.

    SPONSORED

    2. The facts necessary for disposal of present appeal, in short, are that
    appellant lost his father while he was in harness. Appellant filed an application for
    grant of appointment on compassionate ground. He filled up the character
    verification form also, and duly disclosed the registration of three criminal cases
    against him. It was the case of appellant that he has been acquitted by the trial

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    2 WA-1303-2026
    Court in all the three cases, but by order dated 11-07-2017, his claim for
    appointment on compassionate ground on the post of constable was rejected on
    the ground that since appellant was also tried for offences under Sections 379 and
    325 of IPC and said offences come within the meaning of moral turpitude, and as
    the acquittal of appellant was not clean or honourable, therefore, he cannot be
    considered for his appointment on compassionate ground on the post of police
    constable. Order dated 11-07-2017 was challenged by filing W.P. No. 5719/2017
    which has been dismissed by the learned Single Judge after relying upon various
    judgments passed by the Supreme Court governing the field of appointment on
    compassionate ground, as well as consideration of the registration/acquittal of the
    candidate in criminal cases.

    3. Challenging the order passed by learned Single Judge, it is submitted by

    counsel for appellant that it is true that out of three cases, appellant was acquitted
    in two cases on the ground of compromise, but in the third case, injured/victim
    did not appear, whereas other witnesses had turned hostile, and accordingly, he
    was acquitted. It is submitted that since in two cases, appellant was acquitted
    either on the basis of compromise or on the ground that the witnesses had turned
    hostile, therefore, appellant would never claim that his acquittal in all the three
    cases was an honourable acquittal, but submitted that in the light of judgment
    passed by the Supreme Court in the case of Commissioner of Police, New Delhi
    and Anr. vs. Mehar Singh
    , reported in (2013) 7 SCC 685 , as well as Avtar Singh
    vs. Union of India and Others
    , reported in (2016) 8 SCC 471 , authorities were
    under obligation to give a specific finding as to whether the allegations made
    against the appellant would disentitle him for his recruitment to the post of police
    constable or not. However, it is submitted that by order dated 11-07-2017, his
    claim for appointment on compassionate ground on the post of police constable

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    was rejected only on the ground that the acquittal of appellant was not honourable.

    4 . Per contra , appeal is vehemently opposed by counsel for State. It is
    submitted that the appointing authority has considered that allegations made
    against the appellant were of moral turpitude and his acquittal was not an
    honourable acquittal. Accordingly, it is submitted that the employer had
    considered the fitness of appellant for his recruitment in the police department and
    has come to the conclusion that with his criminal background, he is not fit for
    appointment on compassionate ground on the post of police constable.

    5. Heard learned counsel for parties.

    6. The Supreme Court in the case of State of Madhya Pradesh and Others
    vs. Bhupendra Yadav
    , reported in (2024) 18 SCC 628 , has held as under:

    “15. In this context, we may usefully extract the following observations
    made in Avtar Singh : (SCC pp. 504-505 & 507-508, paras 29, 36 & 38)
    “29. The verification of antecedents is necessary to find out
    fitness of incumbent, in the process if a declarant is found to be
    of good moral character on due verification of antecedents,
    merely by suppression of involvement in trivial offence which
    was not pending on date of filling attestation form, whether he
    may be deprived of employment? There may be case of
    involving moral turpitude/serious offence in which employee
    has been acquitted but due to technical reasons or giving benefit
    of doubt. There may be situation when person has been
    convicted of an offence before filling verification form or case
    is pending and information regarding it has been suppressed,
    whether employer should wait till outcome of pending criminal
    case to take a decision or in case when action has been initiated
    there is already conclusion of criminal case resulting in
    conviction/acquittal, as the case may be. The situation may
    arise for consideration of various aspects in a case where
    disclosure has been made truthfully of required information,
    then also authority is required to consider and verify fitness for
    appointment. Similarly in case of suppression also, if in the
    process of verification of information, certain information
    comes to notice then also employer is required to take a
    decision considering various aspects before holding incumbent
    as unfit. If on verification of antecedents a person is found fit at
    the same time authority has to consider effect of suppression of
    a fact that he was tried for trivial offence which does not render
    him unfit, what importance to be attached to such non-

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    disclosure. Can there be single yardstick to deal with all kinds
    of cases?

    ***

    36. What yardstick is to be applied has to depend upon the
    nature of post, higher post would involve more rigorous criteria
    for all services, not only to uniformed service. For lower posts
    which are not sensitive, nature of duties, impact of suppression
    on suitability has to be considered by authorities concerned
    considering post/nature of duties/services and power has to be
    exercised on due consideration of various aspects.

    ***

    38. We have noticed various decisions and tried to explain and
    reconcile them as far as possible. In view of the aforesaid
    discussion, we summarise our conclusion thus:

    38.1. Information given to the employer by a candidate as to
    conviction, acquittal or arrest, or pendency of a criminal case,
    whether before or after entering into service must be true and
    there should be no suppression or false mention of required
    information.

    38.2. While passing order of termination of services or
    cancellation of candidature for giving false information, the
    employer may take notice of special circumstances of the case,
    if any, while giving such information.

    38.3. The employer shall take into consideration the
    government orders/instructions/rules, applicable to the
    employee, at the time of taking the decision.

    38.4. In case there is suppression or false information of
    involvement in a criminal case where conviction or acquittal
    had already been recorded before filling of the
    application/verification form and such fact later comes to
    knowledge of employer, any of the following recourses
    appropriate to the case may be adopted:

    38.4.1. In a case trivial in nature in which conviction had been
    recorded, such as shouting slogans at young age or for a petty
    offence which if disclosed would not have rendered an
    incumbent unfit for post in question, the employer may, in its
    discretion, ignore such suppression of fact or false information
    by condoning the lapse.

    38.4.2. Where conviction has been recorded in case which is
    not trivial in nature, employer may cancel candidature or
    terminate services of the employee.

    38.4.3. If acquittal had already been recorded in a case
    involving moral turpitude or offence of heinous/serious nature,
    on technical ground and it is not a case of clean acquittal, or
    benefit of reasonable doubt has been given, the employer may
    consider all relevant facts available as to antecedents, and may
    take appropriate decision as to the continuance of the employee.
    38.5. In a case where the employee has made declaration
    truthfully of a concluded criminal case, the employer still has
    the right to consider antecedents, and cannot be compelled to
    appoint the candidate.

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    38.6. In case when fact has been truthfully declared in character
    verification form regarding pendency of a criminal case of
    trivial nature, employer, in facts and circumstances of the case,
    in its discretion, may appoint the candidate subject to decision
    of such case.

    38.7. In a case of deliberate suppression of fact with respect to
    multiple pending cases such false information by itself will
    assume significance and an employer may pass appropriate
    order cancelling candidature or terminating services as
    appointment of a person against whom multiple criminal cases
    were pending may not be proper.

    38.8. If criminal case was pending but not known to the
    candidate at the time of filling the form, still it may have
    adverse impact and the appointing authority would take
    decision after considering the seriousness of the crime.
    38.9. In case the employee is confirmed in service, holding
    departmental enquiry would be necessary before passing order
    of termination/removal or dismissal on the ground of
    suppression or submitting false information in verification
    form.

    38.10. For determining suppression or false information
    attestation/verification form has to be specific, not vague. Only
    such information which was required to be specifically
    mentioned has to be disclosed. If information not asked for but
    is relevant comes to knowledge of the employer the same can
    be considered in an objective manner while addressing the
    question of fitness. However, in such cases action cannot be
    taken on basis of suppression or submitting false information as
    to a fact which was not even asked for.

    38.11. Before a person is held guilty of suppressio veri or
    suggestio falsi, knowledge of the fact must be attributable to
    him.”

    (emphasis supplied)

    16. As can be discerned from the above decision, an employer has the
    discretion to terminate or condone an omission in the disclosure made by a
    candidate. While doing so, the employer must act with prudence, keep in
    mind the nature of the post and the duties required to be discharged. Higher
    the post, more stringent ought to be the standards to be applied. Even if a
    truthful disclosure has been made, the employer is well within its right to
    examine the fitness of a candidate and in a concluded criminal case, keep
    in mind the nature of the offence and verify whether the acquittal is
    honourable or benefit has been extended on technical reasons. If the
    employer arrives at a conclusion that the incumbent is of a suspect
    character or unfit for the post, he may not be appointed or continued in
    service.

    17. In Daya Shankar Yadav v. Union of India, where this Court was
    called upon to examine the purpose of seeking information with respect to
    the antecedents of a candidate, it was observed that the same were essential

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    so as to ascertain the suitability for the post and the disclosures made in the
    verification form relating to the character and antecedents of the candidate
    can result in the following consequences: (SCC pp. 110-11, para 15)
    “15. When an employee or a prospective employee declares in a
    verification form, answers to the queries relating to character
    and antecedents, the verification thereof can therefore lead to
    any of the following consequences:

    (a) If the declarant has answered the questions in the
    affirmative and furnished the details of any criminal
    case (wherein he was convicted or acquitted by
    giving benefit of doubt for want of evidence), the
    employer may refuse to offer him employment (or if
    already employed on probation, discharge him from
    service), if he is found to be unfit having regard to
    the nature and gravity of the offence/crime in which
    he was involved.

    (b) On the other hand, if the employer finds that the
    criminal case disclosed by the declarant related to
    offences which were technical, or of a nature that
    would not affect the declarant’s fitness for
    employment, or where the declarant had been
    honourably acquitted and exonerated, the employer
    may ignore the fact that the declarant had been
    prosecuted in a criminal case and proceed to appoint
    him or continue him in employment.

    (c) Where the declarant has answered the questions
    in the negative and on verification it is found that
    the answers were false, the employer may refuse to
    employ the declarant (or discharge him, if already
    employed), even if the declarant had been cleared of
    the charges or is acquitted. This is because when
    there is suppression or non-disclosure of material
    information bearing on his character, that itself
    becomes a reason for not employing the declarant.

    (d) Where the attestation form or verification form
    does not contain proper or adequate queries
    requiring the declarant to disclose his involvement
    in any criminal proceedings, or where the candidate
    was unaware of initiation of criminal proceedings
    when he gave the declarations in the verification
    roll/attestation form, then the candidate cannot be
    found fault with, for not furnishing the relevant
    information. But if the employer by other means
    (say police verification or complaints, etc.) learns
    about the involvement of the declarant, the
    employer can have recourse to courses (a) or (b)
    above.”

    (emphasis supplied)

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    18. In State of M.P. v. Abhijit Singh Pawar where the State Government
    had invited applications for filling up the post of Subedars, Platoon
    Commanders and Inspectors of Police, the respondent candidate who
    participated in the selection process, filed an affidavit disclosing pendency
    of a criminal case against him which was subsequently compounded on a
    compromise arrived at between him and the complainant under Section
    320
    of the Code of Criminal Procedure (for short “CrPC“). Though the
    respondent was selected on clearing the written examination his
    candidature was rejected. The reasons offered for declining him an
    appointment were that the candidate selected is required to maintain law
    and order of the State and it was considered improper to appoint a person
    having a criminal record. The said decision was overturned by the learned
    Single Judge of the High Court and the view taken was affirmed by the
    Division Bench.
    When the State Government approached this Court in
    appeal, citing the decisions in Mehar Singh; R.P. Kapur v. Union of India;
    State of M.P. v. Parvez Khan; Pradeep Kumar; and Avtar Singh, the
    following observations were made: (Abhijit Singh Pawar case, SCC pp.
    742-43, paras 13 & 16)
    “13. In Avtar Singh, though this Court was principally
    concerned with the question as to non-disclosure or wrong
    disclosure of information, it was observed in para 38.5 that
    even in cases where a truthful disclosure about a concluded case
    was made, the employer would still have a right to consider
    antecedents of the candidate and could not be compelled to
    appoint such candidate.

    ***

    16. We must observe at this stage that there is nothing on
    record to suggest that the decision taken by the authorities
    concerned in rejecting the candidature of the respondent was in
    any way actuated by mala fides or suffered on any other count.
    The decision on the question of suitability of the respondent, in
    our considered view, was absolutely correct and did not call for
    any interference. We, therefore, allow this appeal, set aside the
    decisions rendered by the Single Judge as well as by the
    Division Bench and dismiss Writ Petition No. 9412 of 2013
    preferred by the respondent. No costs.”

    19. In Rajasthan Rajya Vidyut Prasaran Nigam Ltd. v. Anil Kanwariya,
    where the employer had invited applications for the post of a Technical
    Helper and on qualifying for the said post, the respondent therein was
    appointed as a probationer trainee, in the course of his police verification
    which was a precondition for confirming him to the post, it had transpired
    that he had been convicted by the trial court for offences under Sections
    323
    and 341IPC but was extended benefit under the Probation of Offenders
    Act, 1958
    and released on good conduct. This Court observed that at the
    time of submitting an application for appointment, the respondent had
    already suffered a conviction by the competent court which fact was
    withheld by him and he had filed a false declaration. These facts emerged
    only after receiving the police verification report. After distilling the law
    on appointments obtained by fraud or misrepresentation/by suppression of

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    material facts, this Court proceeded to quash and set aside the order passed
    by the learned Single Judge and upheld the order passed by the Division
    Bench of the High Court, directing reinstatement of the respondent
    employee and held that said decision was unsustainable in view of the fact
    that the employee had not disclosed/suppressed material facts and had filed
    a false declaration.

    20. In the captioned case, this Court expressed a view that even where
    there was a subsequent acquittal, the employee having furnished false
    information/indulged in suppression of material fact of a pending criminal
    case, cannot claim appointment as a matter of right. Following are the
    observations made regarding the credibility of such an employee from the
    perspective of the employer: (Rajasthan Rajya Vidyut Prasaran Nigam
    case, SCC p. 152, para 14)
    “14. The issue/question may be considered from another angle,
    from the employer’s point of view. The question is not about
    whether an employee was involved in a dispute of trivial nature
    and whether he has been subsequently acquitted or not. The
    question is about the credibility and/or trustworthiness of such
    an employee who at the initial stage of the employment i.e.
    while submitting the declaration/verification and/or applying
    for a post made false declaration and/or not disclosing and/or
    suppressing material fact of having involved in a criminal case.
    If the correct facts would have been disclosed, the employer
    might not have appointed him. Then the question is of trust.
    Therefore, in such a situation, where the employer feels that an
    employee who at the initial stage itself has made a false
    statement and/or not disclosed the material facts and/or
    suppressed the material facts and therefore he cannot be
    continued in service because such an employee cannot be relied
    upon even in future, the employer cannot be forced to continue
    such an employee. The choice/option whether to continue or
    not to continue such an employee always must be given to the
    employer. At the cost of repetition, it is observed and as
    observed hereinabove in a catena of decisions such an employee
    cannot claim the appointment and/or continue to be in service as
    a matter of right.”

    21. On applying the law expounded by this Court in a series of decisions
    to the facts of the instant case, we find that the Division Bench of the High
    Court has dismissed the appeal preferred by the appellant State
    Government and set aside the order passed by the learned Single Judge
    who had upheld the order passed by the competent authority, terminating
    the services of the respondent on the ground that he was candid enough to
    make a disclosure in his verification form stating that he had been charge-
    sheeted in a criminal case wherein he was later on acquitted and there was
    no other criminal case pending against him at the relevant time.

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    22. We are, however, unable to concur with the aforesaid view. Even
    though the respondent had truthfully declared that he was involved in a
    criminal case which was decided by the trial court vide judgment dated 26-
    10-2015, on perusing the facts of the said case as noted hereinabove and
    the observations made in the judgment, quite clearly, this was not a case of
    clean acquittal. It is evident from the facts narrated that after the charge-
    sheet was filed, the respondent had arrived at a compromise with the
    complainant and filed an application under Section 320CrPC, based on
    which the offence under Section 341IPC was compounded. As for the
    remaining offences for which the respondent was charged i.e. Section 354-
    DIPC and Section 11(D)/12 of the POCSO Act, they were non-
    compoundable and therefore, the matter was taken to trial. The respondent
    was acquitted by the trial court primarily on account of the fact that the
    complainant did not support the case set up by the prosecution and the
    other prosecution witnesses had turned hostile. In such circumstances, the
    respondent’s plea that he had been given a clean acquittal in the criminal
    case, is found to be devoid of merits.”

    In the present case, undisputedly father of the appellant was in police
    department.

    7. So far as the acquittal of appellant in Criminal Case No. 679/2009
    registered for offences under Sections 504 and 324 of IPC is concerned, it is clear
    from the judgment dated 23-01-2015 passed by JMFC, Bhind in aforesaid case
    that the victim/complainant and witness Sarita Singh were never produced by the
    prosecution in spite of multiple opportunities granted to the prosecution, whereas
    Munna Singh (PW2) had turned hostile. According to the injuries sustained by
    complainant/victim, it is clear that he was given multiple teeth bites by appellant.
    Why the prosecution did not produce the victim is a mystery, but the fact that
    father of appellant was in police department cannot be lost sight of.

    8. Be that whatever it may be.

    9. Appellant himself has cited the judgment passed by the Supreme Court in
    the case of Union of India and others vs. Methu Meda , reported in (2022) 1 SCC

    1. In this case, the Supreme Court has dealt with the aspect “honourable acquittal”

    and has held as under:

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    ” 12. In view of the above, if the acquittal is directed by the court on
    consideration of facts and material evidence on record with the finding of
    false implication or the finding that the guilt had not been proved,
    accepting the explanation of accused as just, it be treated as honourable
    acquittal. In other words, if prosecution could not prove the guilt for other
    reasons and not “honourably” acquitted by the court, it be treated other
    than “honourable”, and proceedings may follow.

    13. The expression “honourable acquittal” has been considered in S.
    Samuthiram [State v. S. Samuthiram, (2013) 1 SCC 598 : (2013) 1 SCC
    (Cri) 566 : (2013) 1 SCC (L&S) 229] after considering the judgments in
    RBI v. Bhopal Singh Panchal [RBI v. Bhopal Singh Panchal, (1994) 1 SCC
    541 : 1994 SCC (L&S) 594] and R.P. Kapur [R.P. Kapur v. Union of India,
    AIR 1964 SC 787] , Raghava Rajgopalachari [State of Assam v. Raghava
    Rajgopalachari, 1967 SCC OnLine SC 1 : (1972) 7 SLR 44] ; this Court
    observed that the standard of proof required for holding a person guilty by
    a criminal court and enquiry conducted by way of disciplinary proceeding
    is entirely different. In a criminal case, the onus of establishing guilt of the
    accused is on the prosecution, until proved beyond reasonable doubt. In
    case, the prosecution failed to take steps to examine crucial witnesses or the
    witnesses turned hostile, such acquittal would fall within the purview of
    giving benefit of doubt and the accused cannot be treated as honourably
    acquitted by the criminal court. While, in a case of departmental
    proceedings, the guilt may be proved on the basis of preponderance of
    probabilities, it is thus observed that acquittal giving benefit of doubt
    would not automatically lead to reinstatement of candidate unless the rules
    provide so.

    14. Recently, this Court in State (UT of Chandigarh) v. Pradeep Kumar
    [State (UT of Chandigarh
    ) v. Pradeep Kumar, (2018) 1 SCC 797 : (2018) 1
    SCC (Cri) 504 : (2018) 1 SCC (L&S) 149] , relying upon the judgment of
    S. Samuthiram [State v. S. Samuthiram, (2013) 1 SCC 598 : (2013) 1 SCC
    (Cri) 566 : (2013) 1 SCC (L&S) 229] said that acquittal in a criminal case
    is not conclusive of the suitability of the candidates on the post concerned.
    It is observed, acquittal or discharge of a person cannot always be inferred
    that he was falsely involved or he had no criminal antecedent.
    The said
    issue has further been considered in Mehar Singh [State v. Mehar Singh,
    (2013) 7 SCC 685 : (2013) 3 SCC (Cri) 669 : (2013) 2 SCC (L&S) 910]
    holding non-examination of key witnesses leading to acquittal is not
    honourable acquittal, in fact, it is by giving benefit of doubt. The Court
    said that nature of acquittal is necessary for core consideration. If acquittal
    is not honourable, the candidates are not suitable for government service
    and are to be avoided. The relevant factors and the nature of offence, extent
    of his involvement, propensity of such person to indulge in similar
    activities in future, are the relevant aspects for consideration by the
    Screening Committee, which is competent to decide all these issues.”

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    It has been specifically mentioned in paragraph 14 of the abovementioned
    judgment that the Supreme Court in the case of Mehar Singh (supra) has held that
    the non-examination of key witnesses leading to acquittal is not honourable
    acquittal, and in fact, it is by giving benefit of doubt.

    Similarly, in paragraph 21, it has been held as under:

    “21. As discussed hereinabove, the law is well-settled. If a person is
    acquitted giving him the benefit of doubt, from the charge of an offence
    involving moral turpitude or because the witnesses turned hostile, it would
    not automatically entitle him for the employment, that too in disciplined
    force. The employer is having a right to consider his candidature in terms
    of the circulars issued by the Screening Committee. The mere disclosure of
    the offences alleged and the result of the trial is not sufficient. In the said
    situation, the employer cannot be compelled to give appointment to the
    candidate. Both the Single Bench and the Division Bench of the High
    Court have not considered the said legal position, as discussed above in the
    orders impugned. Therefore, the impugned orders passed by the learned
    Single Judge of the High Court in Methu Meda v. Union of India and the
    Division Bench in Union of India v. Methu Meda are not sustainable in
    law, as discussed hereinabove.”

    Thus, it is clear that if the witnesses have turned hostile, then it would not
    automatically entitle the candidate for employment and that too in disciplined
    force.

    10. So far as the question of compounding is concerned, the said aspect has
    been taken note of by Full Bench of this Court in the case of Ashutosh Pawar vs.
    State of M.P.
    , reported in (2018) 2 MPLJ 419 , wherein it has been held as under:

    “32. Therefore, in respect of the Questions No. 1, 4 and 5 we hold that
    decision of Criminal Court on the basis of compromise or an acquittal
    cannot be treated that the candidate possesses good character, which may
    make him eligible, as the criminal proceedings are with the view to find
    culpability of commission of offence whereas the appointment to the civil
    post is in view of his suitability to the post. The test for each of them is
    based upon different parameters and therefore, acquittal in a criminal case
    is not a certificate of good conduct to a candidate. The competent Authority
    has to take a decision in respect of the suitability of candidate to discharge
    the functions of a civil post and that mere acquittal in a criminal case
    would not be sufficient to infer that the candidate possesses good character.
    Division Bench judgment of this Court in W.P. No.5887/2016 (Arvind
    Gurjar vs. State of M.P
    .) is overruled.
    Another Division Bench judgment in

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    W.A. No.367/2015 (Sandeep Pandey vs. State of M.P. and others) is also
    overruled. Jurisdiction of the High Court in a writ petition under Art. 226
    of the Constitution of India is to examine the decision-making process than
    to act as Court of appeal to substitute its own decision. In appropriate case,
    if the Court finds decision-making process is arbitrary or illegal, the Court
    will direct the Authority for reconsideration rather than to substitute the
    decision of the competent Authority with that of its own.
    The expectations from a Judicial Officer are of much higher standard.
    There cannot be any compromise in respect of rectitude, honesty and
    integrity of a candidate who seeks appointment as Civil Judge. The
    personal conduct of a candidate to be appointed as Judicial Officer has to
    be free from any taint. The standard of conduct in the case of Judicial
    Officer is higher than that expected of an ordinary citizen and also higher
    than that expected of a professional in law as well. The same must be in
    tune with the highest standard of propriety and probity.”

    This Court in the case of Anil Kumar Balmik vs. State of M.P. and others
    by order dated 02.09.2020 passed in W.P. No.23104/2019(s) has held has under:-

    “Compounding of offence” is nothing but an undertaking by the victim to
    give up the prosecution of the offender.”

    This Court in the case of Bhagwat Singh Vs. State of M.P. and others
    decided on 08/12/2021 in Writ Petition No.26996/2021 has held as under:-

    “8. Although it is the case of the petitioner that he had not suppressed the
    factum of registration of criminal case and acquittal of the petitioner on the
    basis of compromise, but it appears that the screening committee after
    considering the case, found that the petitioner is not fit for police service.

    9. By the impugned order, the candidature of the petitioner has been once
    again rejected on the ground that since the petitioner has been acquitted on
    the basis of compromise, therefore, it cannot be said to be an honourable
    acquittal. As already held by the Full Bench of this Court in the case of
    Ashutosh Pawar (supra), an acquittal on the basis of compromise cannot be
    treated that the candidate possesses good character, which may make him
    eligible, as the criminal proceedings are with a view to find culpability of
    commission of offence whereas the appointment to the civil post is in view
    of his suitability to the post.
    Further, the Supreme Court in the case of
    Pradeep Kumar (supra) has held that entering into the police service
    requires good character, integrity and clean antecedents.

    10. Undisputely, it is for the employer to consider the suitability of a
    candidate. Eligibility and suitability are to different aspects and this Court
    cannot substitute its finding by holding that the candidate should be held to
    be suitable. This Court in the case of Anil Kumar Balmik (supra) has held
    as under:

    “Suitability” cannot be confused with “Eligibility”. A
    coordinate Bench of this Court in the case of Madhur Vs.

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    13 WA-1303-2026
    State of M.P. by order dated 17-4-2018 passed in W.P.
    21231 of 2017 has held as under:

    The “suitability” cannot be confused with
    eligibility”. In the ‘Major Law Laxicon’ by P.
    Ramanatha Iyer about the word following view is
    expressed-” the word ‘suitable’ does not require a
    definition because any man of experience would
    know who is suitable. However, each case has to be
    viewed in the context in which the word
    “suitability” or “suitable” is used, the object of the
    enactment and the purpose sought to be achieved.”

    A constitution Bench of Supreme Court in State of J
    & K vs. Trilokinath Khosa (1974) 1 SCC 19 and
    another Bench in State of Orissa vs. N.N. Swami
    (1977) 2 SCC 508 opined that eligibility must not be
    confused with the suitability of the candidate for
    appointment.
    These judgments were considered by
    Calcutta High Court in 2013 SCC Online 22909 (All
    b. Ed. Degree Holders Welfare Association vs. State
    of West Bengal
    ).
    In (2009) 8 SCC 273 (Mahesh
    Chandra Gupta vs. Union of India
    ) it was again held
    that suitability of a recommendee and the
    consultation are not subject to judicial review but
    the issue of lack of eligibility or an effective
    consultation can be scrutinized.. The Supreme Court
    in (2014) 11 SCC 547 (High Court of Madras vs. R.
    Gandhi
    ) while dealing with appointment on a
    constitutional post opined that ‘eligibility’ is an
    objective factor. When ‘eligibility’ is put in
    question, it could fall within the scope of judicial
    review. The aspect of ‘suitability’ stands excluded
    from the purview of judicial review. At the cost of
    repetition, the Apex Court opined that ‘eligibility’ is
    a matter of fact whereas ‘suitability’ is a matter of
    opinion. In this view of the matter, when Competent
    Authority has examined the suitability in the teeth of
    relevant enabling provision i.e. Rule 6 (3) of Rules
    of 1961, interference is totally unwarranted.

    While exercising the power under Article 226 of the
    Constitution of India cannot act as an Appellate Authority and
    cannot substitute its own findings.

    The Supreme Court in the case of UPSC v. M. Sathiya Priya ,
    reported in (2018) 15 SCC 796 has held as under :

    18……..It is the settled legal position that the courts

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    14 WA-1303-2026
    have to show deference and consideration to the
    recommendations of an Expert Committee
    consisting of members with expertise in the field, if
    malice or arbitrariness in the Committee’s decision
    is not forthcoming. The doctrine of fairness, evolved
    in administrative law, was not supposed to convert
    tribunals and courts into appellate authorities over
    the decision of experts. The constraints–

    selfimposed, undoubtedly–of writ jurisdiction still
    remain. Ignoring them would lead to confusion and
    uncertainty. The jurisdiction may become
    rudderless.””

    Thus, it is clear that if a witness has agreed to compromise the matter, then
    that by itself would not mean that the accused did not commit an offence, but at
    the most, it can be said that the complainant had decided not to prosecute the
    accused any further.

    11. Under these circumstances, this Court is of considered opinion that the
    acquittal of appellant was not honourable and that fact has also not been
    challenged by appellant.

    12. The authorities have held that the offences under Sections 325 and 379
    of IPC are offences involving moral turpitude. In order to dislodge that finding, it
    was obligatory on the part of appellant to file copy of the charge-sheet to show
    what are the allegations and how the findings recorded by the employer are
    erroneous, but admittedly, appellant did not file the charge sheet either before the
    Writ Court or before this Court. In fact, the charge-sheet of all the three cases have
    not been placed on record.

    13. Under these circumstances, when appellant himself was child of a
    police personnel, but still three criminal cases were registered against him, then
    the subjective satisfaction by the employer that he is not fit for recruitment in
    police department, which is a disciplined force, cannot be said to be erroneous.

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    15 WA-1303-2026

    14. Accordingly, the learned Single Judge did not commit any mistake by
    dismissing the writ petition.

    15. The appeal fails and is hereby dismissed.

                                     (G. S. AHLUWALIA)                               (PUSHPENDRA YADAV)
                                            JUDGE                                           JUDGE
                               AKS
    
    
    
    
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