RAJASTHAN HIGH COURT, JODHPUR versus AKASHDEEP MORYA & ANR.

Citation: [2021] 10 S.C.R. 723 · Decided: 16-09-2021 · Supreme Court of India · Bench: K.M. JOSEPH · Disposal: Appeal(s) allowed

Cited by 1 judgment(s) · cites 3 · see the full citation network in Lexace

Judgment (excerpt)

A
B
C
D
E
F
G
H
723
[2021] 10 S.C.R. 723
723
RAJASTHAN HIGH COURT, JODHPUR
v.
AKASHDEEP MORYA & ANR.
(Civil Appeal No. 5733 of 2021)
SEPTEMBER 16, 2021
[K. M. JOSEPH AND
PAMIDIGHANTAM SRI NARASIMHA, JJ.]
Service Law – Judicial Service – Involvement in criminal case
– Appointment to the post of Civil Judge (Junior Division) –
Respondent was found not deserving to be appointed for the said
post in view of his antecedents – Held: Post of a judicial officer at
any level of the hierarchy involves applying the most exacting
standards – In the absence of an honourable acquittal, the alleged
involvement of an officer in criminal cases may undermine public
faith in the system – In the present case, in two cases, the respondent
was charge-sheeted for offences u/s.324, IPC also – Cases ended
in acquittal based substantially on a compromise, the witnesses had
turned hostile – Respondent’s acquittal was not honourable –
Decision taken by the appellant through its committee should not
have been interfered with by the High Court – Impugned judgment
set aside – Penal Code – ss.34, 148, 149, 323, 324, 341, 504 –
Judicial review.
Service Law – Involvement in criminal case – Principles
enunciated in Avtar Singh v. Union of India and Others reported as
[2016] 7 SCR 445 at paragraphs 38.4, 38.4.1, 38.4.2 and 38.4.3 –
Held: Aforesaid paragraphs would apply to cases involving
suppression/false information of involvement in a criminal case
where conviction or acquittal is already recorded before the filing
of the application/verification and such fact, later came to the
knowledge of the employer – Paragraph 38.5 will be apposite in a
case where there is no suppression/false information relating to
involvement of a criminal case by a candidate.
Judiciary – Judicial Service – Subordinate Judiciary –
Judicial Officers – Nature of post – Suitability of candidates –
Discussed – Service Law.
A
B
C
D
E
F
G
H
724
SUPREME COURT REPORTS
[2021] 10 S.C.R.
Allowing the appeal, the Court
HELD : 1. This is not a case which involves any suppression
of material by the first respondent as a candidate. What is held in
paragraph 38.4.3 in Avtar Singh, is actually meant to apply to cases
which involve suppression or false information of involvement in
a criminal case where conviction or acquittal has already been
recorded before the filing of the application/verification and such
fact, later came to the knowledge of the employer. It is in such a
situation that paragraphs 38.4.1, 38.4.2 and 38.4.3 would apply.
In fact, paragraph 38.5 is what would be actually be apposite in a
case where there is no suppression or false information relating
to involvement of a criminal case by a candidate. It would,
therefore, be a case which would involve applying paragraph 38.5
read with paragraph 30. [Paras 18-21][736-A, G-H; 737-A-B,
E-F]
Avtar Singh v. Union of India and Others (2016) 8 SCC
471 : [2016] 7 SCR 445 – relied on.
2. The post of a judicial officer at any level of the hierarchy
involves applying the most exacting standards. The incumbent
of a judicial post discharges one of the most important functions
of the State, that is, the resolution of disputes involving the people
of the country. Even in the advertisement, there is a reference to
the requirement of the candidate being possessed of character.
Character cannot be understood as being limited to a mere
certifying of the character by the competent authority. The High
Court is involved with the appointment of judicial officers and
rightly so, under the scheme of the Constitution. Though the
order of appointment is issued by the State, the involvement of
the High Court in the appointment of judicial officers essentially
flows from its position in the constitutional scheme. The High
Court is duty bound to recommend the most suitable persons to
occupy the post. The post of a Civil Judge or a Magistrate is of
the highest importance notwithstanding the fact that in the
pyramidical structure of the judiciary, the Civil Judge or the
Magistrate is at the lowest rung. All the litigation which is
instituted in the country, the highest volume of the same takes
place at the lowest level. Not many of the cases finally reach the
highest Court. It is through the Civil Judge (Junior Division)/
A
B
C
D
E
F
G
H
725
Magistrate that the common man has the greatest interface. Most
importantly, the perception of the common man about the
credentials and background of the judicial officer is vital. In the
absence of a honourable acquit

Excerpt shown. Read the full judgment & AI analysis in Lexace.