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1 - 10 of 10 (0.48 seconds)The Code of Criminal Procedure, 1973
Imtiyaz Ahmad Malla vs The State Of Jammu And Kashmir on 28 February, 2023
Though in the instant case, benefit of doubt has been
given to the petitioner by the learned Trial Court for acquitting him from
the charges under the NDPS Act, it is, however otherwise, well settled
that even acquittal in criminal case will not lead to a definite conclusion
about suitability of the petitioner for the post. It is the prerogative of the
employer. Hence, in view of law laid down in Imtiyag Ahmad Malla
Vs. State of Jammu and Kashmir and Others 2, prayer of the
petitioner for re-engagement only on the ground of acquittal from
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criminal case cannot be accepted. Petitioner's acquittal was based
upon benefit of doubt given to him. Accordingly, the petition fails and is
dismissed. Pending miscellaneous application, if any, shall also stand
disposed of.
Dy.Inspector Gen.Of Police & Anr vs S.Samuthiram on 30 November, 2012
What is honourable
acquittal was considered in Inspector General of Police v. S.
Samuthiram3, wherein the Court held that the expressions 'honourable
acquittal', 'acquitted of blame' and 'fully exonerated' are unknown to the
Code of Criminal Procedure or Penal Code. These are coined by
judicial pronouncements after full consideration of prosecution evidence
and that when the prosecution had miserably failed to prove the
charges levelled against the accused, it can possibly be said that the
accused was honourably acquitted. The acquittal in a criminal case is
not conclusive of the suitability of the candidates for the post
concerned. Acquittal in a criminal case does not entitle an employee to
re-instatement in service. It is open to the employer to consider the
antecedents and examine whether he is suitable for appointment to the
post. Relevant paras from the judgment read as under:-
The Narcotic Drugs And Psychotropic Substances Act, 1985
Section 46 in The Narcotic Drugs And Psychotropic Substances Act, 1985 [Entire Act]
Reserve Bank Of India vs Bhopal Singh Panchal on 3 November, 1993
"11. The expression "honourable acquittal" had also come up for
consideration in other cases namely, Management of Reserve Bank
of India, New Delhi Vs. Bhopal Singh Panchal; and in R.P. Kapur Vs.
Union of India and Another whereby it was held inter alia that the
mere acquittal does not entitle an employee to the reinstatement in
service. The acquittal, it was held, has to be honourable. As such,
the expressions "honourable acquittal", "acquitted of blame", "fully
exonerated" are unknown to the Code of Criminal Procedure or the
Penal Code, and it is difficult to define precisely what is meant by
expressions "honourable acquittal".
R.P. Kapur vs Union Of India And Anr on 19 November, 1963
"11. The expression "honourable acquittal" had also come up for
consideration in other cases namely, Management of Reserve Bank
of India, New Delhi Vs. Bhopal Singh Panchal; and in R.P. Kapur Vs.
Union of India and Another whereby it was held inter alia that the
mere acquittal does not entitle an employee to the reinstatement in
service. The acquittal, it was held, has to be honourable. As such,
the expressions "honourable acquittal", "acquitted of blame", "fully
exonerated" are unknown to the Code of Criminal Procedure or the
Penal Code, and it is difficult to define precisely what is meant by
expressions "honourable acquittal".
Commissioner Of Police And Anr vs Mehar Singh on 2 July, 2013
13. It is thus well settled that acquittal in a criminal case does not
automatically entitle him for appointment to the post. Still, it is open
to the employer to consider the antecedents and examine whether
he is suitable for appointment to the post. From the observations of
this Court in Mehar Singh [Commr. of Police v. Mehar Singh, (2013)
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7 SCC 685 : (2013) 3 SCC (Cri) 669 : (2013) 2 SCC (L&S) 910] and
Parvez Khan [State of M.P. v. Parvez Khan, (2015) 2 SCC 591 :
State Of M.P.& Ors vs Parvez Khan on 1 December, 2014
13. It is thus well settled that acquittal in a criminal case does not
automatically entitle him for appointment to the post. Still, it is open
to the employer to consider the antecedents and examine whether
he is suitable for appointment to the post. From the observations of
this Court in Mehar Singh [Commr. of Police v. Mehar Singh, (2013)
6
( 2024:HHC:16316 )
7 SCC 685 : (2013) 3 SCC (Cri) 669 : (2013) 2 SCC (L&S) 910] and
Parvez Khan [State of M.P. v. Parvez Khan, (2015) 2 SCC 591 :
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