Anil Kumar Sen vs M/O Railways on 9 July, 2019
have to be considered. Even
if acquittal has been made, employer may consider nature
of offence, whether acquittal is honourable or giving
benefit of doubt on technical reasons and decline to
appoint a person who is unfit or dubious character. In case
employer comes to conclusion that conviction or ground of
acquittal in criminal case would not affect the fitness for
employment incumbent may be appointed or continued in
service. The relevant portion in the judgment of Avatar
Singh (supra) reads as under:-