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Supreme Court Upholds Stringent Standards for Police Employment, Rejects Man's Plea After POCSO Act Acquittal in Madhya Pradesh [Read Judgment]

By LAWSTREET NEWS NETWORK      23 September, 2023 05:44 PM      0 Comments
Supreme Court Upholds Stringent Standards for Police Employment Rejects Man Plea After POCSO Act Acquittal in Madhya Pradesh

NEW DELHI: The Supreme Court has said that a stringent standard is to be applied on candidates seeking employment in police force, while rejecting a man's plea against denial of his appointment in Madhya Pradesh police even after acquittal in a case under POCSO Act

"The yardstick to be applied in cases where the appointment sought relates to a law enforcement agency, ought to be much more stringent than those applied to a routine vacancy," a bench of Justices Hima Kohli and Rajesh Bindal said.

The top court upheld the Madhya Pradesh government's decision to reject a man's candidature for the post of constable.

The bench said that the candidate was acquitted in a criminal case related to outraging modesty of a girl and other offences under POCSO Act, after girl and other witnesses turned hostile upon a compromise with the accused.

The court said one must be mindful of the fact that once appointed to such a post, a responsibility would be cast on the respondent of maintaining law and order in the society, enforcing the law, dealing with arms and ammunitions, apprehending suspected criminals and protecting the life and property of the public at large.

It said acquittal of the candidate would not automatically entitle the candidate for such recruitment.

"The standard of rectitude to be applied to any person seeking appointment in a law enforcement agency must always be higher and more rigourous for the simple reason that possession of a higher moral conduct is one of the basic requirements for appointment to a post as sensitive as that in the police service," the bench said.

The bench set aside the judgement of the Madhya Pradesh High Court's division bench, which ordered for appointment of one Bhupendra Yadav.

The authorities declared him unfit even though he was acquitted in the case.

The court held that the state government has judiciously exercised its discretion after taking note of all the relevant factors relating to the antecedents of the respondent. It also said his plea that he was given a clean acquittal was devoid of merits.

[Read Judgment]



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