KAPIL NAMDEV Vs. STATE OF M.P.

JUDGEMENT

(1.) The present appeal under Sec. 2 (1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 is preferred by the appellant/petitioner being crestfallen by the order dtd. 20/1/2025 passed by learned Single Judge in Writ Petition No.18962 of 2023 whereby the writ petition filed by the appellant has been dismissed.

(2.) Precisely stated facts of the case are that in pursuance to an advertisement issued by the respondents in the year 2020-21, appellant applied for the post of Constable (GD) in the Police Department. He appeared in the examinations and declared as a select candidate. The appointment order has been issued and he has been posted in District Raisen. Thereafter, the process in relation to character verification took place in which appellant specifically mentioned that against him two cases were registered at Crime No.546/2016 at Police Station, Kotwali, Guna for offence under Ss. 294, 323, 341, 506 and 34 of IPC and at Crime No.468/2018 at Police Station Guna Cantt. District Guna for offence under Secctions 294, 323, 341, 506 and 34 of IPC. The Screening Committee without considering the genesis of crime and role of the appellant in these cases, rejected the candidature of appellant and he has been declared unfit for the services of Police Department.

(3.) Aggrieved by the rejection of candidature, appellant has preferred writ petition which was dismissed by learned Single Judge holding that the acquittal of the appellant on the basis of compromise, cannot be presumed to be honourable acquittal and since Police Department is a disciplined uniform force; therefore, any person of criminal mindset may not be suitable in the Police Department. Therefore, appellant is before this Court.