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2009 DIGILAW 2060 (SC)

State of Rajasthan v. Mohammed Saleem

2009-12-10

MARKANDEY KATJU, R.M.LODHA

body2009
ORDER : 1. Heard learned counsel for the parties. 2. This appeal has been filed against the impugned judgment and order dated 9.7.2001 of the Division Bench of the High Court of Rajasthan, Jaipur Bench whereby the appeal filed by the appellants herein has been dismissed and the order passed by the learned Single Judge has been upheld. 3. It appears that the respondent applied for the post of Constable but his selection was canceled by order dated 4.3.1998 on the ground that his candidature was contrary to the Memorandum dated 29.4.1995 issued by the Office of The Director General of Police Rajasthan. The aforesaid Memorandum states that if a candidate is involved in a crime of violence which includes Section 323 IPC then he is not eligible for police service. However, it has also been stated therein that if after the trial the candidate is acquitted honourably then the candidate may be considered for recruitment into Police by taking the approval of the next higher officer to the appointing authority. 4. In this case we have seen the judgment of the Trial Court in Crl. Case No. 607/1999 and find that the respondent was not acquitted honourably. It appears that there was some compromise and certain witnesses turned hostile. The injured witness Tahir Ali was held to be not reliable. This, in our opinion, means that the respondent- accused was given benefit of doubt and not that he was acquitted honourably. 5. Learned counsel for the respondent submitted that a Full Bench of the Rajasthan High Court in the case of Dharam Pal Vs. State of Rajasthan RLW 2000(2) 815 has quashed the said Memorandum dated 29.4.1995. We respectfully do not agree with the aforesaid Full Bench decision of the High Court and hold that the said Memorandum dated 29.4.1995 is perfectly valid as we are also of the opinion that a person who is involved in a criminal offence certainly cannot be taken into police service. 6. For the aforesaid reasons, we set aside the impugned judgment and order of the Division Bench as also of the learned Single Judge and allow this appeal. No order as to the costs.