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Acquittal On Technical Grounds Or Due To Benefit Of Doubt Will Not Confer The Accused The Right To Appointment: Supreme Court

By - King Stubb & Kasiva on October 19, 2023

The Supreme Court has ruled that an employer can consider an employee's antecedents even after an acquittal in a case involving moral turpitude or a severe offense on technical grounds. The issue before the court involved a respondent who had been acquitted of a criminal case under the Protection of Children from Sexual Offences Act,2012, but had disclosed the criminal case and subsequent acquittal when applying for a constable position. However, the Superintendent of Police deemed him unfit for selection, leading to a legal challenge.

The Supreme Court upheld the importance of assessing an employee's antecedents for suitability, especially in cases involving moral turpitude. It noted that the respondent's acquittal could not be considered a "clean acquittal," given the nature of the charges and the circumstances surrounding the case. Consequently, the Court allowed the state government's appeal and upheld the single-judge bench's decision, setting aside the division bench's ruling.


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