The State Of Madhya Pradesh Thr vs Pankaj Shukla on 16 December, 2016
"32. Therefore, in respect of the Questions
No.1, 4 and 5 we hold that decision of
criminal Court on the basis of compromise
or an acquittal cannot be treated that the
candidate possesses good character, which
may make him eligible, as the criminal
proceedings are with the view to find
culpability of commission of offence
whereas the appointment to the civil post
THE HIGH COURT OF MADHYA PRADESH
W.A.No. 1761/2018
(State of Madhya Pradesh & others Vs. Pankaj Shukla)
8
is in view of his suitability to the post. The
test for each of them is based upon
different parameters and __ therefore,
acquittal in a criminal case is not a
certificate of good conduct. to a candidate.
The competent Authority has to take a
decision in respect of the suitability of
candidate to discharge the functions of a
civil post and that mere acquittal in a
criminal case would not be sufficient to
infer that the candidate possesses good
character. In this view of the matter, we
find that the judgment in Arvind Gurjar's
case (supra) holding that it cannot be held
that candidate does not have a good
character, is not the correct enunciation of
law.