UNION TERRITORY, CHANDIGARH ADMINISTRATION AND ORS.versusPRADEEP KUMAR AND ANOTHER

112                      [2018]REPORTS
               SUPREME COURT    1 S.C.R. 112                 [2018] 1 S.C.R.


A                   UNION TERRITORY, CHANDIGARH
                        ADMINISTRATION AND ORS.
                                         v.
                     PRADEEP KUMAR AND ANOTHER
B                          (Civil Appeal No. 67 of 2018)
                               JANAURY 08, 2018
           [R. BANUMATHI AND UDAY UMESH LALIT, JJ.]
            Service law:
C
             Appointment – Disciplined force – Post of constable – Whether
      the candidature of respondents who had disclosed their involvement
      in the criminal cases and also their acquittal could be cancelled by
      the Screening Committee on the ground that they are not suitable
      for the post – Held: Acquittal in a criminal case does not
D     automatically entitle candidate for appointment – It is open to the
      employer to consider the antecedents and examine whether he is
      suitable for appointment to the post – While deciding whether a
      person involved in a criminal case acquitted or discharged should
      be appointed to a post in a police force, the nature of offence in
      which he is involved, whether it was an honourable acquittal or
E     only an extension of benefit of doubt because of witnesses turning
      hostile or flaws in the prosecution are all the aspects to be considered
      by the Screening Committee for taking the decision whether the
      candidate is suitable for the post – The decision of the Screening
      Committee must be taken as final unless it is shown to be mala fide
F     – Object of screening is to ensure that only persons with impeccable
      character enters police force – In the case in hand, there is nothing
      to suggest that the decision of the Screening Committee is mala fide
      – Therefore, decision of the Screening Committee that the
      respondents were not suitable for being appointed to the post of
      Constable did not call for interference – Administrative law.
G
            Appointment – Disciplined force – Acquittal in criminal case
      – Claim for appointment – Held: The acquittal in a criminal case is
      not conclusive of the suitability of the candidates in the concerned
      post – If a person is acquitted or discharged, it cannot always be
      inferred that he was falsely involved or he had no criminal
H     antecedents.
                                        112
  UNION TERRITORY, CHANDIGARH ADMINISTRATION v.                         113
                 PRADEEP KUMAR

      Administrative law – Administrative decision – Appointment        A
– Disciplined force – Whether the court can substitute its views for
the decision taken by the Screening Committee – Held: Object of
screening is to ensure that only persons with impeccable character
enters police force – The court cannot substitute its views for the
decision of the Screening Committee.
                                                                        B
      Allowing the appeals, the Court
     HELD:1. If a person is acquitted or discharged, it cannot
always be inferred that he was falsely involved or he had no
criminal antecedents. Unless it is an honourable acquittal, the
candidate cannot claim the benefit of the case. [Para 10][118-C]        C
      Deputy Inspector General of Police and Another v. S.
      Samuthiram (2013) 1 SCC 598 : [2012] 11 SCR 174 –
      relied on.
      2. Entering into the police service required a candidate to
be of good character, integrity and clean antecedents.[Para             D
11][118-G-H]
      Commissioner of Police, New Delhi and Another v.
      Mehar Singh (2013) 7 SCC 685 : [2013] 13 SCR 432;
      State of Madhya Pradesh and Others v. Parvez Khan
      (2015) 2 SCC 591; Avtar Singh v. Union of India and               E
      Others (2016) 8 SCC 471 : [2016] 7 SCR 445 – relied
      on.
       3.1 A candidate to be recruited to the police service must
be of impeccable character and integrity. A person having criminal
antecedents will not fit in this category. Even if he is acquitted or   F
discharged, it cannot be presumed that he was honourably
acquitted/completely exonerated. The decision of the Screening
Committee must be taken as final unless it is shown to be mala
fide. The Screening Committee also must be alive to the
importance of the trust repose in it and must examine the
                                                                        G
candidate with utmost character. [Para 13][122-C-D]
      3.2 The Screening Committee examined each and every
case of the respondents and reasonings for their acquittal and
taken the decision. While deciding whether a person involved in
a criminal case has been acquitted or discharged should be
                                                                        H
114             SUPREME COURT REPORTS                      [2018] 1 S.C.R.


A     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 considered
      by the Screening Committee for taking the decision whether the
      candidate is suitable for the post. The Screening Committee
B
      examined each and every case and reasonings for their acquittal
      and took decision that the respondents are not suitable for the
      post of Constable in Chandigarh Police. 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
C     force. While so, the court cannot substitute its views for the
      decision of the Screening Committee. In the case in hand, there
      is nothing to suggest that the decision of the Screening
      Committee is mala fide. The decision of the Screening Committee
      that the respondents are not suitable for being appointed to the
      post of Constable does not call for interference. The Tribunal
D
      and the High Court, erred in setting aside the decision of the
      Screening Committee and the impugned judgment is liable to be
      set aside. [Paras 15, 17][124-D-F; 125-C]
              Joginder Singh v. Union Territory of Chandigarh and
              Others (2015) 2 SCC 377 : [2014] 11 SCR 155 – held
E             inapplicable.
                               Case Law Reference
              [2014] 11 SCR 155        relied on             Para 7
              [2012] 11 SCR 174        relied on             Para 10
F             [2013] 13 SCR 432        relied on             Para 11
              (2015) 2 SCC 591         relied on             Para 11
              [2016] 7 SCR 445         relied on             Para 12
              [2014] 11 SCR 155        held inapplicable     Para 16
              CIVIL APPELLATE JURISDICTION: Civil Appeal No. 67 of
G     2018.
            From the Judgment and Order dated 24.02.2016 by the High Court
      of Punjab and Haryana at Chandigarh in CWP No. 3532 of 2013 (O&M)
                                      WITH
H             C. A. Nos. 68, 69 and 70 of 2018.
  UNION TERRITORY, CHANDIGARH ADMINISTRATION v.                                     115
                 PRADEEP KUMAR

      Nikhil Goel, Ms. Naveen Goel, Ashutosh Ghade, Advs. for the                   A
Appellants.
      Mukesh K. Giri, Sudhir Naagar, Ankit Khera, Dushyant Parashar,
Advs. for the Respondents.
       The Judgment of the Court was delivered by
                                                                                    B
       R. BANUMATHI, J. 1. Leave granted
       2. 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 could be cancelled by the
Screening Committee on the ground that they are not suitable for the                C
post of constable in Chandigarh Police and whether the court can
substitute its views for the decision taken by the Screening Committee.
Since the facts and issues are almost identical in all these appeals, they
were heard together and shall stand disposed of by this common judgment.
For convenience, we would deal with the facts in appeal arising out of
SLP(C) No. 20750 of 2016                                                            D
        3. On 14.03.2010, an advertisement was issued by UT Chandigarh
Police through its Deputy Inspector General of Police inviting applications
from the candidates to fill up 1200 temporary posts of Constable
(Executive) in Chandigarh Police with essential qualification as prescribed
in the advertisement with instructions for filling online application form.         E
The recruitment was to be done as per guidelines thereon as well as
standing order governing the recruitment of constables. Guideline
No.2(A)(a) deals with the circumstances when the candidate does not
disclose the factum of his involvement in the attestation form and the
same is found subsequently from the verification report. The candidature            F
of such candidates will be cancelled as per aforesaid guideline without
making any reference to any Committee for further probe into the conduct
of the candidate. In Guideline No.2(A)(b), it is prescribed that if a
candidate has disclosed his involvement in some criminal case in the
attestation form, then such case will be referred to Screening Committee
to assess his suitability for appointment in Chandigarh Police irrespective         G
of the fact that the case is under investigation, trial or resulted in conviction
or acquittal.
      4. Respondents were declared successful in the recruitment for
the post of Constable (Executive) in Chandigarh Police after clearing
the Physical Efficiency Test, Physical Measurement Test, written test               H
116             SUPREME COURT REPORTS                           [2018] 1 S.C.R.


A     and interview. However, the respondents were denied the employment
      on the ground that the respondents had been prosecuted in a criminal
      trial for the offences under Section 323 IPC and Section 506 read with
      Section 34 IPC and were acquitted by the trial court vide judgment
      dated 29.01.2010 giving them benefit of doubt. The case was referred
      to the Committee headed by Senior Superintendent of Police and it was
B
      found that the respondents were not suitable for appointment as
      Constables in the Chandigarh Police.
              5. Aggrieved, respondents filed OA before CAT. CAT vide order
      dated 24.07.2012 allowed the OA and set aside the orders of the Screening
      Committee and directed the competent authority to consider the names
C     of the respondents for appointment to the post of Constable. The State
      filed writ petition before the High Court which came to be dismissed for
      all the respondents except Ombir holding that there was no concealment
      of criminal antecedents. Being aggrieved, the State has preferred these
      appeals.
D            6. Contention of the appellant is that acquittal of a person does
      not entitle him to be appointed as a matter of right and the appointing
      authority may still find such a person unfit to be appointed to the post. It
      was urged by the appellant that even though the respondents were
      acquitted in the criminal case, the appointment of the respondents to the
E     post of Constable in Chandigarh police which is a disciplined force, was
      found not desirable by the appointing authority. It was submitted that
      the respondents were not honourably acquitted of the offences and the
      acquittal was only based on the extension of benefit of doubt. Contention
      of the appellant is that the post of Constable in disciplinary force demands
      an impeccable integrity and track record besides good character and
F     suitability. Further contention is that the court cannot overreach the
      jurisdiction of the Screening Committee by substituting its own view in
      the decision of the said Committee and hence, the impugned judgment
      of the High Court and the Tribunal is not sustainable.
            7. Per contra, contention of the respondents is that the criminal
G     case against the respondents was a case of ‘no evidence’ and the
      acquittal of the respondents is an honourable acquittal and the same
      cannot be termed to be the case of ‘benefit of doubt’. Moreover,
      respondents had fairly disclosed the factum of facing criminal trial by
      giving complete details while applying for the job and there was no
H     suppression on the part of the respondents. On behalf of the respondents,
  UNION TERRITORY, CHANDIGARH ADMINISTRATION v.                                  117
         PRADEEP KUMAR [R. BANUMATHI, J.]

much reliance was placed upon Joginder Singh v. Union Territory of               A
Chandigarh and others (2015) 2 SCC 377.
       8. On the basis of the aforesaid rival contentions urged on behalf
of both the parties, the following points arise for consideration:-
      (i) Whether the contention of respondents that they were
          honourably acquitted and that they should not be deprived of           B
          being appointed to the post of Constable is acceptable?
      (ii) Whether the High Court was right in setting aside the decision
          of the Screening Committee and directing the authorities to
          consider the respondents to the post of Constable in the
          disciplined police force?                                              C

      9. On 23.06.2010, the Inspector General of police, UT Chandigarh
issued Standing Order No.44 of 2010 laying down the guidelines to
consider cases of candidates selected in Chandigarh Police on having
found involvement in criminal cases in the past. This standing order deals
with the cases of candidates before issuance of appointment and after            D
issuance of appointment and joining. Relevant portion of the said
Guidelines reads as under:-
      “GUIDELINES
      (A) CASES BEFORE ISSUE OF APPOINTMENT
                                                                                 E
          (a) The candidature will be cancelled in case the candidate
             does not disclose the fact of his involvement and/or arrest
             in criminal case(s), complaint case(s), preventive
             proceedings etc. in the attestation form and the fact is
             subsequently found out from any verification report received
                                                                                 F
             from the District authorities or for any/other source.
          (b) If a candidate has disclosed his involvement and/or arrest
             in criminal cases(s), complaint case(s), preventive
             proceedings etc. the case will be referred to the Screening
             Committee to assess his suitability for appointment in
             Chandigarh Police irrespective of the fact that the case is         G
             under investigation, trial or decided in conviction or acquittal.
          .........”
      In Guideline 2(A)(b), it is prescribed that if a candidate has
disclosed his involvement in some criminal case in the attestation form          H
118             SUPREME COURT REPORTS                            [2018] 1 S.C.R.


A     then such case will be referred to Screening Committee to assess his
      suitability for appointment in Chandigarh Police irrespective of the fact
      that the case is under investigation, trial or decided in conviction or
      acquittal. In the present case, in all the cases of respondents, the aforesaid
      situation arises. On noticing the acquittal of the candidates, the cases of
      respondents were referred to Screening Committee. The Screening
B
      Committee carefully examined the cases of the respondents and the
      reasonings for their acquittal and the candidature of the respondents
      were rejected finding them not suitable.
             10. The acquittal in a criminal case is not conclusive of the
      suitability of the candidates in the concerned post. If a person is acquitted
C     or discharged, it cannot always be inferred that he was falsely involved
      or he had no criminal antecedents. Unless it is an honourable acquittal,
      the candidate cannot claim the benefit of the case. What is honourable
      acquittal, was considered by this Court in Deputy Inspector General
      of Police and Another v. S. Samuthiram (2013) 1 SCC 598, in which
D     this Court held as under:-
             “24. The meaning of the expression “honourable acquittal” came
             up for consideration before this Court in RBI v. Bhopal Singh
             Panchal (1994) 1 SCC 541. In that case, this Court has considered
             the impact of Regulation 46(4) dealing with honourable acquittal
E            by a criminal court on the disciplinary proceedings. In that context,
             this Court held that the mere acquittal does not entitle an employee
             to reinstatement in service, the acquittal, it was held, has to be
             honourable. The expressions “honourable acquittal”, “acquitted
             of blame”, “fully exonerated” are unknown to the Code of Criminal
             Procedure or the Penal Code, which are coined by judicial
F            pronouncements. It is difficult to define precisely what is meant
             by the expression “honourably acquitted”. When the accused is
             acquitted after full consideration of prosecution evidence and that
             the prosecution had miserably failed to prove the charges levelled
             against the accused, it can possibly be said that the accused was
G            honourably acquitted.”
             11. Entering into the police service required a candidate to be of
      good character, integrity and clean antecedents. In Commissioner of
      Police, New Delhi and Another v. Mehar Singh (2013) 7 SCC 685,
      the respondent was acquitted based on the compromise. This Court
H     held that even though acquittal was based on compromise, it is still open
  UNION TERRITORY, CHANDIGARH ADMINISTRATION v.                                 119
         PRADEEP KUMAR [R. BANUMATHI, J.]

to the Screening Committee to examine the suitability of the candidate          A
and take a decision. Emphasizing upon the importance of character and
integrity required for joining police force/discipline force, in Mehar Singh
case, this Court held as under:-
      “23. A careful perusal of the policy leads us to conclude that the
      Screening Committee would be entitled to keep persons involved            B
      in grave cases of moral turpitude out of the police force even if
      they are acquitted or discharged if it feels that the acquittal or
      discharge is on technical grounds or not honourable. The Screening
      Committee will be within its rights to cancel the candidature of a
      candidate if it finds that the acquittal is based on some serious
      flaw in the conduct of the prosecution case or is the result of           C
      material witnesses turning hostile. It is only experienced officers
      of the Screening Committee who will be able to judge whether
      the acquitted or discharged candidate is likely to revert to similar
      activities in future with more strength and vigour, if appointed, to
      the post in a police force. The Screening Committee will have to          D
      consider the nature and extent of such person’s involvement in
      the crime and his propensity of becoming a cause for worsening
      the law and order situation rather than maintaining it. In our opinion,
      this policy framed by the Delhi Police does not merit any
      interference from this Court as its object appears to be to ensure
      that only persons with impeccable character enter the police force.       E

      24. We find no substance in the contention that by cancelling the
      respondents’ candidature, the Screening Committee has
      overreached the judgments of the criminal court. We are aware
      that the question of co-relation between a criminal case and a
      departmental enquiry does not directly arise here, but, support           F
      can be drawn from the principles laid down by this Court in
      connection with it because the issue involved is somewhat identical,
      namely, whether to allow a person with doubtful integrity to work
      in the department. While the standard of proof in a criminal case
      is the proof beyond all reasonable doubt, the proof in a departmental     G
      proceeding is preponderance of probabilities. Quite often criminal
      cases end in acquittal because witnesses turn hostile. Such
      acquittals are not acquittals on merit. An acquittal based on benefit
      of doubt would not stand on a par with a clean acquittal on merit
      after a full-fledged trial, where there is no indication of the
                                                                                H
120       SUPREME COURT REPORTS                          [2018] 1 S.C.R.


A     witnesses being won over. In R.P. Kapur v. Union of India AIR
      1964 SC 787 this Court has taken a view that departmental
      proceedings can proceed even though a person is acquitted when
      the acquittal is other than honourable.
      25. The expression “honourable acquittal” was considered by
B     this Court in S. Samuthiram (2013) 1 SCC 598. In that case this
      Court was concerned with a situation where disciplinary
      proceedings were initiated against a police officer. Criminal case
      was pending against him under Section 509 IPC and under Section
      4 of the Eve-Teasing Act. He was acquitted in that case because
      of the non-examination of key witnesses. There was a serious
C     flaw in the conduct of the criminal case. Two material witnesses
      turned hostile. Referring to the judgment of this Court in RBI v.
      Bhopal Singh Panchal (1994) 1 SCC 541, where in somewhat
      similar fact situation, this Court upheld a bank’s action of refusing
      to reinstate an employee in service on the ground that in the
D     criminal case he was acquitted by giving him benefit of doubt and,
      therefore, it was not an honourable acquittal, this Court held that
      the High Court was not justified in setting aside the punishment
      imposed in the departmental proceedings. This Court observed
      that the expressions “honourable acquittal”, “acquitted of
      blame” and “fully exonerated” are unknown to the Criminal
E     Procedure Code or the Penal Code. They are coined by judicial
      pronouncements. It is difficult to define what is meant by the
      expression “honourably acquitted”. This Court expressed that
      when the accused is acquitted after full consideration of the
      prosecution case and the prosecution miserably fails to prove the
F     charges levelled against the accused, it can possibly be said that
      the accused was honourably acquitted.
      ................
      33. So far as respondent Mehar Singh is concerned, his case
      appears to have been compromised. It was urged that acquittal
G     recorded pursuant to a compromise should not be treated as a
      disqualification because that will frustrate the purpose of the Legal
      Services Authorities Act, 1987. We see no merit in this submission.
      Compromises or settlements have to be encouraged to bring about
      peaceful and amiable atmosphere in the society by according a
H     quietus to disputes. They have to be encouraged also to reduce
  UNION TERRITORY, CHANDIGARH ADMINISTRATION v.                                121
         PRADEEP KUMAR [R. BANUMATHI, J.]

      arrears of cases and save the litigants from the agony of pending        A
      litigation. But these considerations cannot be brought in here. In
      order to maintain integrity and high standard of police force, the
      Screening Committee may decline to take cognizance of a
      compromise, if it appears to it to be dubious. The Screening
      Committee cannot be faulted for that.
                                                                               B
      ...............
      35. The police force is a disciplined force. It shoulders the great
      responsibility of maintaining law and order and public order in the
      society. People repose great faith and confidence in it. It must be
      worthy of that confidence. A candidate wishing to join the police        C
      force must be a person of utmost rectitude. He must have
      impeccable character and integrity. A person having criminal
      antecedents will not fit in this category. Even if he is acquitted or
      discharged in the criminal case, that acquittal or discharge order
      will have to be examined to see whether he has been completely
      exonerated in the case because even a possibility of his taking to       D
      the life of crimes poses a threat to the discipline of the police
      force. The Standing Order, therefore, has entrusted the task of
      taking decisions in these matters to the Screening Committee.
      The decision of the Screening Committee must be taken as final
      unless it is mala fide. In recent times, the image of the police         E
      force is tarnished. Instances of police personnel behaving in a
      wayward manner by misusing power are in public domain and
      are a matter of concern. The reputation of the police force has
      taken a beating. In such a situation, we would not like to dilute the
      importance and efficacy of a mechanism like the Screening
      Committee created by the Delhi Police to ensure that persons             F
      who are likely to erode its credibility do not enter the police force.
      At the same time, the Screening Committee must be alive to the
      importance of the trust reposed in it and must treat all candidates
      with an even hand.”
     The same principle was reiterated in State of Madhya Pradesh              G
and Others v. Parvez Khan (2015) 2 SCC 591.
      12. While considering the question of suppression of relevant
information or false information in regard to criminal prosecution, arrest
or pendency of criminal case(s) against the candidate, in Avtar Singh v.
                                                                               H
122             SUPREME COURT REPORTS                            [2018] 1 S.C.R.


A     Union of India and Others (2016) 8 SCC 471, three-Judges Bench
      of this Court summarized the conclusion in para (38). As per the said
      decision in para (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.”
B
             13. It is thus well settled that acquittal in a criminal case does not
      automatically entitle him for appointment to the post. Still it is open to
      the employer to consider the antecedents and examine whether he is
      suitable for appointment to the post. From the observations of this Court
      in Mehar Singh and Parvez Khan cases, it is clear that a candidate to
C     be recruited to the police service must be of impeccable character and
      integrity. A person having criminal antecedents will not fit in this category.
      Even if he is acquitted or discharged, it cannot be presumed that he was
      honourably acquitted/completely exonerated. The decision of the
      Screening Committee must be taken as final unless it is shown to be
D     mala fide. The Screening Committee also must be alive to the importance
      of the trust repose in it and must examine the candidate with utmost
      character.
             14. In the case in hand, the details of the criminal cases in which
      the respondents were involved and the reasonings for their acquittal and
E     the consideration by the Screening Committee are as under:-




F




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UNION TERRITORY, CHANDIGARH ADMINISTRATION v.   123
       PRADEEP KUMAR [R. BANUMATHI, J.]

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124            SUPREME COURT REPORTS                           [2018] 1 S.C.R.


A




B




C



             15. From the above details, we find that the Screening Committee
      examined each and every case of the respondents and reasonings for
D
      their acquittal and taken the decision. 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
E     prosecution are all the aspects to be considered by the Screening
      Committee for taking the decision whether the candidate is suitable for
      the post. As pointed out earlier, the Screening Committee examined
      each and every case and reasonings for their acquittal and took decision
      that the respondents are not suitable for the post of Constable in
      Chandigarh Police. The procedure followed is as per guideline 2(A)(b)
F
      and object of such screening is to ensure that only persons with impeccable
      character enters police force. While so, the court cannot substitute its
      views for the decision of the Screening Committee.
               16. On behalf of the respondents, much reliance was placed
      upon Joginder Singh v. Union Territory of Chandigarh and Others
G     (2015) 2 SCC 377. In the said case, the appellant thereon was charged
      under Sections 148, 149, 323, 325 and 307 IPC but acquitted by the trial
      court holding that the prosecution has failed to prove the charges levelled
      against him since complainant as well as injured eye witnesses failed to
      identify the assailants and the complainant had stated that his signature
      was obtained on a blank sheet by the Investigating Officer. The case
H
  UNION TERRITORY, CHANDIGARH ADMINISTRATION v.                                 125
         PRADEEP KUMAR [R. BANUMATHI, J.]

involved was a family dispute. In such facts and circumstances, this            A
Court held that acquittal of appellant Joginder Singh was an honourable
acquittal and hence, he should not be denied appointment to the post in
question. The decision in Joginder Singh case does not advance the
case of the respondents herein.
         17. In a catena of judgments, the importance of integrity and
                                                                                B
high standard of conduct in police force has been emphasized. As held
in Mehar Singh case, the decision of the Screening Committee must be
taken as final unless it is mala fide. In the case in hand, there is nothing
to suggest that the decision of the Screening Committee is mala fide.
The decision of the Screening Committee that the respondents are not
suitable for being appointed to the post of Constable does not call for         C
interference. The Tribunal and the High Court, in our view, erred in
setting aside the decision of the Screening Committee and the impugned
judgment is liable to be set aside.
       18. In the result, the impugned judgment is set aside and the appeals
are allowed. The cancellation of candidature of the respondents is upheld.      D
No costs.


Devika Gujral                                                Appeals allowed.


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