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Showing contexts for: honourable acquittal in Ch. Satish vs The State Of Telangana on 26 December, 2023Matching Fragments
6. In the case of Gugulothu Nagu Vs. The State of Telangana rep. by its Principal Secretary, Home Department , a Coordinate Bench of this Court has considered several decisions of the Hon'ble Supreme Court of India including the decision in the case of Avtar Singh Vs. Union of India (cited supra) and also referred to the phrase "Honourable acquittal" and also the definition of "Moral turpitude" and has held as under:4
(2020) 17 SCC 654 W.P.No.2106 of 2021 dt.25.10.2021 TMD,J "8. The phrase "Honourable acquittal" is unknown to criminal law. However, in service law jurisprudence there has been a consistent approach by the Constitutional Courts in recognizing the concept of 10 "Honourable acquittal". It would be difficult to lay down criteria as to what would constitute an "Honourable acquittal"
"24. The meaning of the expression 'honourable acquittal' came up for consideration before this Court in Management of Reserve Bank of India, New Delhi v. Bhopal Singh Panchal [(1994) 1 SCC 541]. In that case, this Court has considered the impact of 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 (2013) 1 SCC 598 TMD,J 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.
For coming to this conclusion, another judgment of this Court in W.P.No.28458 of 2017 and batch dt.06.12.2017 was also considered.
TMD,J
7. The learned counsel for the petitioner has also placed reliance upon the recent judgment of the Hon'ble Supreme Court in the case of Union of India and others Vs. Methu Meda , wherein the law in respect of the expressions "honourable acquittal", "acquittal of blame"
8. Having regard to the above precedents, it is clear that it is for the petitioner who has to give all the necessary information and it is for the appointing authority which has to take a conscious decision about the desirability or otherwise of employing such an employee/person having regard to the relevant facts available as to the antecedents. However, where there are facts available on record creating doubt about the integrity of a person, then it is a fit case for rejection. However, in this case, it is a case where the complaint is that some boys were harassing the victim/de facto complainant in the name of love, but when it came to identifying the accused, there was no identification either by the victim complainant or by her relatives or by the mediator. What is clear acquittal or honourable acquittal has already been brought out in various cases which have also been reproduced hereinabove.