Telangana High Court
The Telangana State Level Police vs L. Sampath on 31 January, 2025
Author: Abhinand Kumar Shavili
Bench: Abhinand Kumar Shavili
HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
AND
HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY
WRIT APPEAL NO.1397 OF 2024
JUDGMENT:
(per Hon'ble Sri Justice Laxmi Narayana Alishetty)
This Writ Appeal is filed aggrieved by the order dated
03.06.2024 passed by the learned single Judge of this Court in
W.P.No.2028 of 2021.
2. Heard Sri M.V.Rama Rao, learned Standing Counsel for
the appellant and Sri Ramesh Chilla, learned counsel for
respondent No.1.
3. The facts of the case in nutshell are that in response to
the Recruitment Notification-2018 issued by the appellant,
respondent No.1 has applied for the post of Stipendiary Cadet
Trainee Police Constable (for short, 'SCT PC') (Civil) and was
provisionally selected for the post of SCT PC (Civil) subject to
verification of the antecedents, original certificates and medical
fitness; that during the antecedents verification, it came to light
that he was involved in a criminal case in Crime No.774/2016
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under Sections 354B, 341 and 506 of IPC of L.B.Nagar Police
Station, Rachakonda, which was also mentioned in the
attestation form during recruitment process; however,
respondent no.1 failed to mention the details of the case in
Crime No.819 of 2016 under Sections 341, 323 and 506 of IPC of
Meerpet Police Station; that respondent no.1 was served with
show-cause notice on 27.02.2020 calling for his explanation as
to why his provisional selection should not be cancelled in
view of his involvement in a criminal case i.e., Crime No.774 of
2016; that appellant submitted his explanation that he has not
been acquitted of the offences in Crime No.774 of 2016 of
L.B.Nagar Police Station.
3.1. That a revised show-cause notice dated 22.09.2020 was
issued to the respondent no.1 stating that he was involved in
another Crime No.819 of 2016 of Meerpet Police station,
wherein he was convicted to pay a fine of Rs.2,000/- and since
the said fact was not mentioned in the attestation form and
same was suppressed by him and why his provisional section
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should not be cancelled. The respondent no.1 submitted his
reply stating that criminal case in Crime No.819 of 2016 was
already disposed as on that date and therefore, he has not
mentioned the same in the attestation form, which was neither
wilful nor intentional, but due to lack of knowledge and
requested not to take any penal step against his selection.
3.2. It is contended that the explanation submitted by the
respondent no.1 was examined by the appellant and not
satisfied with the said explanation, the provisional selection of
the respondent No.1 was cancelled vide proceedings dated
22.10.2020. Challenging the cancellation order dated
22.10.2020, respondent No.1 approached this Court by filing
W.P.No.20024 of 2020 and the learned single Judge of this
Court vide order dated 11.11.2020 allowed the writ petition
setting aside the order dated 22.10.2020 with a direction to the
appellant to consider the case of the respondent No.1 in terms
of the law laid down by the Hon'ble Supreme Court in Avtar
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Singh v. Union of India and others 1 in view of the acquittal of
the writ petitioner by the competent Criminal Court and pass
appropriate orders within a period of four weeks from the
date of order in accordance with law.
3.3. The respondent no.1 herein submitted representation
dated 19.11.2020 to the appellant to consider his case by
relying on the decision of this Court in W.P.No.20024 of 2020
dated 11.11.2020. The appellant considered the case of the
respondent No.1 and once again rejected the request of the
respondent no.1 to appoint him as SCT PC vide Memo dated
17.12.2020 by observing that a candidate wishing to join Police
Force must be a person of utmost rectitude and must have
impeccable character and integrity and the criminal court
acquitted the respondent no.1 by giving benefit of doubt as
the material witness turned hostile and not supported the case
of prosecution and it is not a clean acquittal.
(2016) 8 SCC 471
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3.4. Aggrieved by the Memo dated 17.12.2020 passed by the
appellant, the respondent No.1 once again approached this
Court by filing W.P.No.2028 of 2021 and the learned single
Judge of this Court allowed the said writ petition vide order
dated 03.06.2024 by relying upon the judgments of the Hon'ble
Apex Court in Avtar Singh (1 supra), Pawan Kumar v. State
of Haryana and another2 and State of Odisha and others v.
Gobinda Behera 3 and directed the appellants to consider the
case of the respondent No.1 for appointment to the post of SCT
PC (Civil) and sent him for training along with the next batch
of candidates. Aggrieved by the order dated 03.06.2024, the
appellant filed the present appeal.
4. Learned Standing Counsel for the appellant had
contended that respondent no.1 was involved in cases of moral
turpitude and as per Rule 3 (G) (vi) of the SCT Rules, a person
who is involved in an offence involving moral turpitude is a
disqualification for appointment and in view of law laid down
(1996) 4 SCC 17
Civil Appeal No.893 of 2020, dated 31.01.2020
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by the Hon'ble Apex Court in Union of India v. Mehar Singh4
and Union of India and others v. Methu Meda 5, the case of
the respondent no.1 cannot be considered in view of his
involvement in moral turpitude. Learned Standing Counsel
further contended that acquittal in Crime No.774 is not a clean
acquittal and in Crime No.819 of 2016, respondent no.1 was
convicted and fine amount of Rs.2,000/- was imposed by the II
Additional Metropolitan Magistrate, Cyberabad, vide orders
dated 07.07.2017 and as per Rule 3 (G)(v) of the SCT Rules, a
person who has been convicted for any offence in any Court of
law is a disqualified for appointment.
5. Learned Standing Counsel further contended that in
Avtar Singh's case (1 supra), the Hon'ble Supreme Court held
that the employer shall take into consideration the
Government orders/instructions/rules, applicable to the
employee, at the time of taking the decision. He further
contended that as per Rule 3(F) of SCT Rules vide
(2013) 7 SCC 685
(2022) 1 SCC 1
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G.O.Ms.No.97, Home (Legal) Department dated 01.05.2006, no
person shall be eligible for appointment to any service by
direct recruitment unless he satisfies the selection authority as
well as appointing authority that his character and antecedents
are such as to qualify him for service. Therefore, it is clear that
a person involved in a case of moral turpitude shall be
disqualified for appointment and as such, going by the
Hon'ble Supreme Court judgment in Avtar Singh
(1 supra), respondent No.1 is not entitled for any relief.
Therefore, respondent No.1 is not a fit person to be appointed
in a disciplined force and finally, prayed to allow the writ
appeal by setting aside the impugned order dated 03.06.2024
passed by the learned single Judge in W.P.No.2028 of 2021.
6. Per contra, learned counsel for the respondent no.1 had
contended that learned Single Judge on considering the facts
and circumstances of the case and by relying upon the
decisions of the Hon'ble Apex Court in Avatar Singh's case
(1 supra), Pawan Kumar (2 supra) and Gobinda Behera
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(3 supra), had rightly allowed the Writ Petition No.2028 of
2021 since the criminal case in Crime No.774 of 2016, has
ended in clean acquittal as the prosecution failed to prove the
case against him and case in Crime No.819 of 2016 was closed
on payment of fine of Rs.2,000/-. Learned counsel further
contended that in Pawan Kumar (2 supra), the Hon'ble
Supreme Court held that 'provision need be made that
punishment of fine upto a certain limit, say upto Rs.2,000/- or
so, on a summary/ordinary conviction shall not be treated as
conviction at all for any purpose and all the more for entry into
and retention in government'. He further contended that in
view of law laid down by the Hon'ble Apex Court, imposing
of fine of Rs.2,000/- is not bar for appointing the respondent
No.1.
7. Learned counsel for the respondent no.1 further
contended that despite specific orders passed by this Court in
W.P.No.20024 of 2020 to consider the case of the respondent
no.1 in terms of the guidelines laid down in Avatar Singh's
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case, the disciplinary authority cancelled the provisional
selection in clear contravention of the ratio laid down and
guidelines issued by the Hon'ble Apex Court in Avatar
Singh's case. Learned counsel further contended that the
appellant failed to make out any case to interfere with the
order passed by the learned single Judge and finally prayed to
dismiss the writ appeal.
Consideration:
8. Perusal of the record would show that respondent no.1 is
involved in Crime No.774 of 2017 for the offences under
Sections 354B, 341, 506 of IPC, in which he was acquitted by
the II Metropolitan Magistrate, Cyberabad at L.B.Nagar vide
C.C.No.1238 of 2017. In Crime No.774 of 2017, the
complainant-J.Anjamma, who is aged about 64 years and who
is none other than the step mother of the respondent No.1, was
examined as P.W.1 and deposed in her evidence that one day,
while she was proceedings towards DVM college to go to her
home, meanwhile one unknown person came on a motor cycle
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and restrained her and forced her to come along with him and
when she rescued, he pulled her saree and outraged her
modesty, and she did not identify that person who came on a
motor cycle with helmet. No eye witness was examined by the
prosecution. Considering the evidence available on record, the
criminal Court acquitted the respondent no.1. In view of the
above discussion, this Court is of the view that the acquittal in
criminal case is clean acquittal.
9. Insofar as in crime No.819 of 2016, the allegations are
that there has been altercation between the respondent no.1
and his brother L.Shankar and both of them have lodged
complaints against each other; that while the complaint against
the respondent no.1 was registered as Crime No.819 of 2016
and the complaint against his brother was registered as Crime
No.820 of 2016 and the crime against the respondent no.1 was
closed on payment of fine of Rs.2,000/ vide docket order of the
II Additional Metropolitan Magistrate, Cyberabad at
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L.B.Nagar, in CC No.1230 of 2016, dated 07.07.2017, which is
prior to the date of issuance the recruitment notification-2018.
10. From the above material, it is evident that case and
counter-case have been registered by the respondent no.1 and
his brother against each other and the same were closed on
payment of fine of Rs.2,000/- and that there is no involvement
of third parties as it appears to be there was an altercation
between within the family members.
11. Now, it is relevant to refer to the decision of the Hon'ble
Apex Court in Pawan Kumar (2 supra), wherein, the Hon'ble
Supreme Court at paragraph-14 held that 'provision need be
made that punishment of fine upto a certain limit, say upto
Rs.2,000/- or so, on a summary/ordinary conviction shall not be
treated as conviction at all for any purpose and all the mere for entry
into and retention in government service'.
12. In view of the above discussion and legal position, this
Court is of the considered view that mere fine of Rs.2,000/- on
a summary/ordinary conviction in criminal case, shall not be
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treated as conviction at all for any purpose and all the more for
entry into and retention in Government service and therefore,
learned single Judge was justified in allowing the W.P.No.2028
of 2021 filed by the respondent no.1 and the appellant failed to
make out any case warranting this Court to interfere with the
impugned order. The writ appeal fails and the same is liable to
be dismissed.
13. Accordingly, Writ Appeal is dismissed, confirming the
order dated 03.06.2024 passed by the learned single Judge in
W.P.No.2028 of 2021. There shall be no order as to costs.
As a sequel, the miscellaneous applications pending, if
any, shall stand closed.
_________________________________
ABHINAND KUMAR SHAVILI, J
__________________________________
LAXMI NARAYANA ALISHETTY, J
Date: 31.01.2025
KKM
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HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
AND
HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY
Date: 31.01.2025
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