Case Note & Summary
The petitioner, Netajirao Sanjay Prabhudessai, applied for the post of Police Sub-Inspector in Goa Police under the category of Children of Freedom Fighters pursuant to an advertisement dated 24.08.2012. He was not selected on the ground that three criminal cases were registered against him, despite his acquittal in all those cases. Aggrieved, he filed a writ petition seeking revocation of the communication of non-selection and a direction to issue appointment order. He also sought quashing of appointment orders of respondents no.5, 6 and 7, but later withdrew that prayer. The court examined whether the non-selection was sustainable. It held that the authority must consider the fact of acquittal and the nature of the cases, and cannot reject a candidate solely on the basis of registration of cases. The court directed the respondents to reconsider the petitioner's candidature and issue appointment if he is otherwise eligible, within four weeks.
Headnote
A) Service Law - Police Recruitment - Consideration of Criminal Cases - Acquittal - The petitioner was denied appointment as Police Sub-Inspector solely on the ground that three criminal cases were registered against him, ignoring his acquittal in all cases. The Court held that the authority must consider the nature of acquittal and the conduct of the candidate, and mere registration of cases cannot be a ground for rejection. (Paras 1-10) B) Service Law - Police Recruitment - Children of Freedom Fighters - The petitioner applied under the category of Children of Freedom Fighters. The Court directed the respondents to reconsider the petitioner's candidature and issue appointment if he is otherwise eligible, within four weeks. (Paras 11-15)
Issue of Consideration
Whether the non-selection of the petitioner to the post of Police Sub-Inspector on the ground of registration of criminal cases, despite his acquittal in all such cases, is sustainable in law.
Final Decision
The court allowed the writ petition and directed the respondents to reconsider the petitioner's candidature for the post of Police Sub-Inspector, taking into account his acquittal in the criminal cases, and if he is otherwise eligible, issue appointment order within four weeks.
Law Points
- Acquittal must be considered
- registration of criminal cases not a disqualification
- consideration of past conduct
- principle of proportionality
