Nilesh Choukhande vs The State Of Madhya Pradesh
2023 Latest Caselaw 16370 MP

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 IN    THE      HIGH COURT OF MADHYA PRADESH
                      AT INDORE
                           BEFORE
               HON'BLE SHRI JUSTICE VIVEK RUSIA
                   ON THE 5 th OF OCTOBER, 2023
                  WRIT PETITION No. 7293 of 2022

BETWEEN:-
NILESH CHOUKHANDE S/O SHRI          KAMLAKAR
CHOUKHANDE, AGED ABOUT 37 YEARS, OCCUPATION:
NIL R/O 117/2, NANDANAGAR (MADHYA PRADESH)

                                                           .....PETITIONER
(BY SHRI MANOJ MANAV, ADVOCATE)

AND
1.    THE STATE OF MADHYA PRADESH PRINCIPAL
      SECRETARY VALLABH    BHAWAN   BHOPAL
      (MADHYA PRADESH)

2.    ADDITIONAL DIRECTOR GENERAL OF POLICE
      (HOME     GUARD) POLICE  HEADQUARTERS
      JAHANGIRABAD BHOPAL (MADHYA PRADESH)

3.    ADDITINOAL COMMANDANT GENERAL HOME
      GUARD HEAD QUARTER JABALPUR (MADHYA
      PRADESH)

4.    DIVISIONAL COMMANDANT (HOME GUARD)
      INDORE DIVISION INDORE (MADHYA PRADESH)

5.    DISTRICT COMMANDANT (HOME GUARD)
      INDORE DIST INDORE (MADHYA PRADESH)

6.    SENIOR STAFF OFFICER HOME GUARD, CIVIL
      SECURITY AND DISASTER MANAGEMENT HEAD
      QUARTER JABALPUR (MADHYA PRADESH)

                                                        .....RESPONDENTS
(BY SHRI SUDHANSHU VYAS, PANEL LAWYER)

      This petition coming on for admission this day, th e court passed the
following:
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                                     ORDER

01. The petitioner has filed the present petition under Article 226 of the Constitution of India being aggrieved by the order dated 25.09.2020, whereby he has been found unfit for appointment to the post of Home Guard Constable on account of registration of an F.I.R. at Crime No.461/2016, Police Station - Pardeshipura dated 28.08.2016.

02. Learned counsel for the petitioner submits that it is correct that aforesaid crime has been registered against the petitioner as he was found driving the motorcycle rashly and negligently. However, vide judgment dated 10.12.2018, the petitioner has been acquitted by the Court of Judicial Magistrate

First Class, Indore against which no appeal has been filed till date. Vide letter dated 27.08.2019, the Inspector General of Police, Bhopal has recommended the name of the petitioner as he had already been acquitted under Section 279 of the IPC, despite that the respondents have wrongly found him unfit.

03. The respondents have filed a reply by justifying their action.

04. Before considering the case of the petitioner for appointment to the post of Home Guard Constable, an information was obtained from the police station in respect of registration of criminal case against the petitioner. Vide letter dated 27.08.2019, an information was given that a Crime No.461/2016 is registered against the petitioner at Police Station - Pardeshipura. This incomplete information was sent to the competent authority without verifying that this criminal case had already been closed after acquittal of the petitioner. It happens so because police stations never update their record after filing of charge-sheet. Because of this wrong information given to the Senior Staff Officer, Home Guard, the petitioner suffered from denial of appointment to the post of Home Guard Constable.

05. Even otherwise also, this offence was not in the nature of moral turpitude or heinous, it was a case of motor accident in which he had already been acquitted, therefore, it cannot be treated that he was involved in criminal activities once he is honorably acquitted by the Court. Hence, Clause - 2 of the Circular dated 07.04.2018 will not come in way of the petitioner. The impugned order dated 25.09.2020 (Annexure-P/1) is hereby quashed. Let an appointment order be issued in favour of the petitioner.

06. With the aforesaid, Writ Petition stands allowed.

(VIVEK RUSIA) JUDGE Ravi Digitally signed by RAVI PRAKASH Date: 2023.10.06 11:14:22 +05'30'