CHANDIGARH: The
Punjab and Haryana high court
has made it clear that a person acquitted by the trial court in an
offence of moral turpitude
by giving the benefit of doubt, cannot be denied
appointment in the armed forces
.
“It is a well-known fact that in our country, it is very difficult to get a job, especially a government job. The petitioner got selected for the post of constable with the respondent-department...
The denial of appointment to the petitioner, ignoring that he was always bonafide and honest in disclosing his credentials, would amount to indirect punishment for an offence in which he has been acquitted,” the HC has held.
Justice Jagmohan Bansal passed these orders while hearing a plea filed by Deepak Kumar, a resident of Kaithal district in Haryana, who had sought directions to set aside the order dated March 26, 2022, whereby the authorities had cancelled his appointment letter to the Indo-Tibetan Border Police (ITBP) for the post of a constable (GD). On April 24, 2018, the petitioner was booked for rape under the Pocso Act at Cheeka police station in Kaithal district. However, he was acquitted on July 24, 2019, of all the charges by the Kaithal court.
He was issued an appointment letter on compassionate grounds by ITBP on January 6, 2022, after the death of his father, who was serving with ITBP at the time.
Pursuant to the appointment letter, the petitioner appeared before the ITBP authorities for joining and also disclosed the fact that he had been implicated in a criminal offence and was later acquitted. On the basis of his disclosure, the authorities issued him a show-cause notice dated February 22, 2022, asking him as to why his offer of appointment in the ITBP force should not be cancelled.
Aggrieved, the man challenged the show-cause notice before the HC. The petitioner informed the HC that the complainant in the case against him as well as her mother had categorically disclosed that he had not committed the alleged offence. The trial court had even recorded a finding to the effect that the prosecution had failed to prove the age of the prosecutrix, which is necessary to invoke provisions of the Pocso Act.
The ITBP cancelled the man’s appointment letter on the ground that he was involved in an offence of moral turpitude, and he had been acquitted on the ground of benefit of doubt. There is no concept of honourable acquittal, the HC was informed.
Contesting the plea, the counsel for the central government submitted that if there is acquittal on the ground of benefit of doubt or where witnesses have turned hostile, a candidate shall generally not be considered suitable for appointment in the
armed forces
.
After hearing all the parties, the HC held that the petitioner’s appointment could not be mechanically cancelled. “The respondent being public authority and in view of truthful disclosure coupled with his acquittal, was duty bound to consider age of the petitioner at the time of alleged offence, previous and subsequent history of the petitioner as well as other antecedents. The respondent has mechanically applied instructions of the ministry of home affairs and cancelled the appointment letter,” observed the HC while directing ITBP to consider the petitioner for appointment.
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