NILESH JAT Vs. STATE OF M.P.

JUDGEMENT

(1.) The petitioner has filed the present petition being aggrieved by the order dated 21.07.2017 by which his candidature for the post of constable in Police Service has been rejected and he has been declared disqualified to become the member of police service.

(2.) The petitioner participated in the Police Constable Recruitment Test held in the year 2016. He was declared successful and permitted to join in the Office of Superintendent of Police, Ratlam. He submitted the necessary certificates with the details in respect of his character verification. He has specifically declared he was earlier tried in a criminal case (S.T. No. 123/2016) under Section 363 and 366-A of IPC but vide judgement dated 26.07.2017 he has been acquitted as the prosecution failed to prove the charges beyond reasonable doubt.

(3.) The respondents appointed a Scrutiny Committee in compliance of the judgement passed by the Apex Court in the case of Commissioner of Police, Delhi and Another v. Mehar Singh, reported in (2013) 7 SCC 685 and Avtar Singh v. Union of India, reported in (2016) 8 SCC 471. The Scrutiny Committee considered the case of the petitioner in its meeting dated 23.06.2017 and opined that the acquittal of the petitioner does not come under the category of "Hon'ble Acquittal" because he was tried under the offence involving moral turpitude in light of the circular dated 05.06.2003 and recommended for rejection of his selection. Vide letter dated 29.08.2017, the petitioner was informed that as per the report of the Scrutiny Committee he is not qualified for the police service. Being aggrieved by the order dated 29.08.2017, the petitioner has filed the present petition before this Court.