IMTIYAZ AHMAD MALLA versus THE STATE OF JAMMU AND KASHMIR AND OTHERS

Citation: [2023] 3 S.C.R. 165 · Decided: 28-02-2023 · Supreme Court of India · Bench: AJAY RASTOGI · Disposal: Dismissed
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Judgment (excerpt)

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   [2023] 3 S.C.R. 165
165
IMTIYAZ AHMAD MALLA
v.
THE STATE OF JAMMU AND KASHMIR AND OTHERS
(Special Leave Petition (Civil) No. 678 of 2021)
FEBRUARY 28, 2023
[AJAY RASTOGI AND BELA M. TRIVEDI, JJ.]
Service Law: Reinstatement – Petitioner issued appointment
letter for the post of constable in the Jammu and Kashmir Executive
Police – He suppressed the information with regard to his involvement
in the criminal case – In view thereof, his appointment order
cancelled – Later, the petitioner acquitted in the criminal case
pending against him – High Court set aside the cancellation order
– Respondent directed to take further action – On reconsideration,
the Director General of Police in view of the criminal background
of the petitioner, found him unsuitable for the post – Writ petition
by the petitioner seeking reinstatement – However, the Single Bench
as well as the Division Bench upheld the decision of the Director
General of Police – On appeal, held : Mere acquittal in a criminal
case does not entitle an employee to the reinstatement in service –
In the police force there is a requirement of integrity and high
standard of conduct – Courts below rightly held that the Director
General being the highest functionary in the police hierarchy, was
the best judge to consider the suitability of the petitioner for
induction into the police force – Thus, no illegality and infirmity in
the impugned order being just and proper – No interference called
for in exercise of its jurisdiction u/Art. 136 – Constitution of India
– Art. 136 – Ranbir Penal Code – s. 379 – Forest Act – s. 6 .
Constitution of India: Art. 136 – Special and extraordinary
power under – Scope of – Held: To be exercised in rare and
exceptional cases.
Words and Phrases:”Honourable acquittal” – Meaning of.
Union Territory, Chandigarh Administration And Others
vs. Pradeep Kumar And Another (2018) 1 SCC 797 :
[2018] 1 SCR 112; Commissioner of Police, New Delhi
and Another vs. Mehar Singh (2013) 7 SCC 685 : [2013]
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SUPREME COURT REPORTS
[2023] 3 S.C.R.
13 SCR 432; Management of Reserve Bank of India,
New Delhi vs. Bhopal Singh Panchal (1994) 1 SCC
541 : [1993] 3 Suppl. SCR 586; R. P. Kapur vs. Union
of India and Another AIR 1964 SC 787 : [1964] SCR
431; Avtar Singh Vs. Union of India and Others (2016)
8 SCC 471 : [2016] 7 SCR 445 – referred to.
Case Law Reference
[2018] 1 SCR 112
referred to
Para 4
[2013] 13 SCR 432
referred to
Para 9
[1993] 3 Suppl. SCR 586
referred to
Para 11
[1964] SCR 431
referred to
Para 11
[2016] 7 SCR 445
referred to
Para 13
CIVIL APPELLATE JURISDICTION : Special Leave Petition
(C) No.678 of 2021.
From the Judgment and Order dated 09.08.2019 of the High Court
of Jammu & Kashmir and Ladakh at Srinagar in LPASW No.71 of
2018.
Vikram Hegde, Chitwan Sharma, Advs. for the Petitioner.
Shailesh Madiyal, Parth Awasthi, Vaibhav Sabharwal, Akshay
Kumar, Advs. for the Respondents.
The Judgment of the Court was delivered by
BELA M. TRIVEDI, J.
1. The instant special leave petition is directed against the
Judgment and Order dated 09.08.2019 passed by the High Court of
Jammu and Kashmir at Srinagar in LPASW No. 71 of 2018, whereby
the High Court has dismissed the appeal filed by the petitioner-appellant
and confirmed the order dated 14.05.2018 passed by the Single Bench
dismissing the SWP No. 1766 of 2017.
2. Briefly stated, the petitioner had successfully participated in
the selection process conducted in 2008-2009 for the post of constable
in theJammu and Kashmir Executive Police, and he was issued an
appointment letter dated 20.08.2009. The petitioner thereafter was
deputed to the Police Training School, Manigam for undergoing the nine
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months BRTC course. It appears that thereafter the search slips of the
ten newly recruited constables including the petitioner, were sent to the
Director, Finger Print Bureau (CPPB) and NCRB East, New Delhi, for
record and reference purpose, and the said Bureau vide the letter dated
07.12.2009 responded that the petitioner was involved in a case registered
as FIR No. 52/2007 under Section 379 of Ranbir Penal Code (RPC) and
Section 6 of Forest Act, at the Police Station, Kralgund. The said case
was stated to be pending before the Chief Judicial Magistrate, Handwara.
The matter was taken up with the Deputy Inspector General of Police,
NKR, Baramulla, by the Police District Headquarter, Handwara, for
cancellation of the selection of the petitioner. During the course of
in
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