Service and Labour Law — Recruitment in Police Service

August 26th, 2013

Service and Labour Law — Recruitment in Police Service — Suitability for, Comprehensive policy for assessment of — Held, after a candidate, who has disclosed his involvement, is acquitted or discharged, the Committee has to assess his/her suitability for appointment — Those against whom serious offences or offences involving moral turpitude are registered and who are later on acquitted by extending benefit of doubt or because the witnesses have turned hostile due to fear of reprisal by the accused person shall not generally be considered suitable for government service — However, all such cases will be considered by the Screening Committee manned by senior officers — The word `generally’ indicates the nature of discretion — As a matter of rule, such candidates have to be avoided — Exceptions will be few and far between and obviously must be substantiated with acceptable reasons.

(Para 18)

Commissioner of Police v. Mehar Singh[Bench Strength 2], Civil Appeal No. 4842/2013 (Arising out of Special Leave Petition (Civil) No. 38886/2012)(02/07/2013), 2013(4) Supreme 531: 2013(9) JT 470: 2013(6) SLT 212: 2013(9) SCALE 444 [G.S. Singhvi, J.: Ranjana Prakash Desai, J.]

Entry Filed under: Legal Updates

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