Case Note & Summary
The petitioner, Suresh s/o Bhujangrao Ingole, was a selected candidate for the post of Driver in the Maharashtra State Road Transport Corporation (MSRTC). He was acquitted in a criminal case under Sections 324, 504, 506 of the Indian Penal Code, 1860, based on a compromise. The respondents rejected his candidature on the ground that he suppressed the fact of his involvement in the criminal case. The petitioner filed a writ petition under Article 226 of the Constitution of India seeking directions to the respondents to issue appointment orders. The Court observed that the petitioner was not convicted and the acquittal was based on compromise, which does not amount to suppression of material facts. The Court allowed the petition and directed the respondents to appoint the petitioner within four weeks.
Headnote
A) Service Law - Appointment - Suppression of Criminal Antecedents - Non-disclosure of acquittal in criminal case - The petitioner, a selected candidate for the post of Driver, was denied appointment on the ground that he suppressed the fact of his involvement in a criminal case under Sections 324, 504, 506 of the Indian Penal Code, 1860, in which he was acquitted. The Court held that since the petitioner was not convicted and the acquittal was based on compromise, the non-disclosure did not amount to suppression of material facts. The Court directed the respondents to appoint the petitioner within four weeks. (Paras 1-10) B) Criminal Law - Acquittal - Compromise - Effect on Employment - The petitioner was acquitted in a criminal case under Sections 324, 504, 506 of the Indian Penal Code, 1860, due to compromise. The Court held that such acquittal does not constitute a conviction and cannot be a ground to reject candidature for public employment. (Paras 5-8)
Issue of Consideration
Whether the rejection of the petitioner's candidature for the post of Driver on the ground of suppression of criminal antecedents is justified when the petitioner was acquitted in the criminal case and the acquittal was based on compromise.
Final Decision
The petition is allowed. The respondents are directed to issue appointment order to the petitioner for the post of Driver within four weeks from the date of the order.
Law Points
- Suppression of material facts
- Criminal antecedents
- Acquittal
- Appointment
- MSRTC
- Article 226
