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Showing contexts for: section 323 325 506 in Parvesh vs State Of Haryana And Others on 20 September, 2009Matching Fragments
The petitioner indeed was involved in a criminal case for offences under Sections 323, 325, 307, 506, 34 IPC but was acquitted after trial. Copy of the judgment has been placed on record as Annexure P-6. Aggrieved against this action, the petitioner filed Civil Writ Petition No.18395 of 2008, which was disposed of with a direction to the respondents to treat that writ petition as a representation and dispose of the same by passing a speaking order. Superintendent of Police, Mewat (respondent No.4) passed an order on 11.11.2008 that the petitioner was rightly selected for the post of Constable in Haryana and disposed of the representation accordingly. Matter thereafter appears to have been dealt with by Commandant 4th Battalion, H.A.P. Madhuban, who on 24.12.2008, rejected the representation. The reasons as can be discerned from the impugned order rejecting the representation, are that the CIVIL WRIT PETITION NO.2124 OF 2009 :{ 3 }:
Significantly, it was further observed that the decision in each case will depend upon the circumstances of the case and the competent authority has to exercise its discretion while taking the decision in accordance with the principles as noticed. A list of offences involving moral turpitude is also enclosed. This ofcourse was for information and guidance and it was specifically observed that the list can not be said to be exhaustive and there might be offences, which are not included in it but in certain situations and circumstances may involve moral turpitude. No doubt, the offence of attempt to murder under Section 307 IPC is noted as one of the offence in the list of offences involving moral turpitude but offences under Sections 323, 325, 506 etc. are not such offences which are listed as those involving moral turpitude. The conviction of these offence listed as involving `moral turpitude' is the ground to decline service. Action to deny appointment even after acquittal is the own addition by the Police Department.