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15. A two-judge Bench of Hon'ble Supreme Court in Joginder Singh's case (supra) while adverting with appointment on the post of Constable has adverted with question of acquittal vis-a-vis honourable acquittal. The Court has held that acquittal of a person is an "honourable" acquittal in every sense and purpose. A candidate should not be deprived from being appointed to the post, in the public employment, by declaring him as unsuitable to the post even though he was acquitted in the criminal case registered against him. It is apt to notice that in the said case, the appellant therein was acquitted by trial Court still he was denied appointment to the post of Constable. The 13 of 20 Neutral Citation No:=2024:PHHC:006526 CWP-28296-2018 & 14 2024:PHHC:006526 CWP-6408-2023 relevant extracts of the judgment read as :

1994 SCC (L&S) 594 : (1994) 26 ATC 619] . In that case, this Court has considered the impact of

14 of 20 Neutral Citation No:=2024:PHHC:006526 CWP-28296-2018 & 15 2024:PHHC:006526 CWP-6408-2023 Regulation 46(4) dealing with honourable acquittal by a criminal court on the disciplinary proceedings. In that context, this Court held that the mere acquittal does not entitle an employee to reinstatement in service, the acquittal, it was held, has to be honourable. The expressions 'honourable acquittal', 'acquitted of blame', 'fully exonerated' are unknown to the Code of Criminal Procedure or the Penal Code, which are coined by judicial pronouncements. It is difficult to define precisely what is meant by the expression 'honourably acquitted'. When the accused is acquitted after full consideration of prosecution evidence and that the prosecution had miserably failed to prove the charges levelled against the accused, it can possibly be said that the accused was honourably acquitted." (emphasis supplied)

19. Further, an acquittal of the appellant is an "honourable" acquittal in every sense and purpose. Therefore, the appellant should not be deprived from being appointed to the post, in the public employment, by declaring him as unsuitable to the post even though he was honourably acquitted in the criminal case registered against him.

20. Further, undisputedly, there has been no allegation of concealment of the fact that a criminal case was registered against him by the appellant. Thus, the appellant has honestly disclosed in his verification application submitted to the selection authority that there was a criminal case registered against him and that it ended in an acquittal on account of compromise between the parties involved in the criminal case, he cannot be denied an opportunity to qualify for any post including the post of a Constable.

v) It is duty of the court to examine findings of criminal court and it should not sway by use of expression 'acquittal', 'honourable acquittal' and 'beyond reasonable of doubt' etc.

17. The contention of respondent that petitioner has not specifically disputed findings of Enquiry Officer is misconceived because petitioner has specifically challenged charge sheet, appointment of Enquiry Officer, order of Disciplinary Authority as well as Appellate 17 of 20 Neutral Citation No:=2024:PHHC:006526 CWP-28296-2018 & 18 2024:PHHC:006526 CWP-6408-2023 Authority. It is apt to notice here that petitioner was acquitted by Trial Court after filing of present petition. In any case, this Court being a Constitutional Court cannot turn a blind eye and ignore factual position when question of livelihood of two families is involved.