01Facts
The appellant was provisionally selected as a Stipendiary Cadet Trainee Police Constable (SCTPC)
p. 1He truthfully disclosed his involvement in Crime No. 190/2014 under Sections 417, 420, and 506/34 of the IPC, involving allegations that he cheated a victim by promising marriage after a four-year relationship
pp. 1, 9-10The case was compounded via Lok Adalat on 31.05.2015
pp. 2-3Despite this, the respondents cancelled his selection on 29.01.2021, arguing that the offence involved moral turpitude and the compromise amounted to an "admission of guilt"
pp. 3-4, 6A Single Judge of the High Court set aside the cancellation, but a Division Bench reversed that decision, holding that the employer is the best judge of suitability for a disciplined force
p. 7, 802Issues
i.1. Whether the employer’s decision to cancel the appellant's selection based on a compounded criminal case was arbitrary or based on relevant material
p. 15 / para. 14ii.2. Whether a consensual relationship between adults that does not culminate in marriage can be deemed "moral turpitude" or "admission of guilt" if the criminal case is compounded
pp. 20-23 / para. 19-2303Law Applied
Section 320(8) of the CrPC, which stipulates that the compounding of an offence shall have the effect of an acquittal
p. 2Avtar Singh v. Union of India, which mandates that even after disclosure, the employer must objectively consider the nature of the offence and the effect of the acquittal
p. 3, 13Satish Chandra Yadav v. Union of India regarding the high standards for disciplined forces
p. 14Ravindra Kumar v. State of Uttar Pradesh, which emphasizes a holistic consideration of the socio-economic strata, the nature of the query, and the contents of the cancellation order when adjudging suitability
pp. 16-17Provisions in the judgment · 5 · Linked ones open on LawLens
Indian Penal Code, 1860 Section 34Section 417Section 420Section 506
Code of Criminal Procedure, 1973 Section 320
04Reasoning
The Court observed that while an employer has the right to assess suitability, such decisions cannot be arbitrary and must be based on material indicating that a crime involving moral turpitude was actually committed
¶ 14The Court found the respondents' reasoning—that a compromise equates to an "admission of guilt"—to be "completely perverse and defies logic"
¶ 18It noted that the allegations involved two consenting adults in a long-term relationship, and physical intimacy in such a context does not inherently constitute cheating or low moral fabric
¶ 19-20Since the victim chose to compound the offence and there was no evidence of threat or allurement to force the settlement, the indictment alone (which was never tested in trial) provided no basis to override the presumption of innocence
¶ 22-23The Court distinguished this from Mehar Singh, where the acquittal involved violent acts against public officials/property, whereas the present case was a private matter between neighbors
¶ 24-2505Holding
The Supreme Court allowed the appeal and set aside the Division Bench's judgment
p. 24It held that the Screening Committee's decision was arbitrary because there was no material evidence linking the appellant to a crime of moral turpitude beyond a withdrawn allegation
¶ 25The Court restored the Single Judge’s order, directing the respondents to reconsider the appellant for appointment and training
p. 8, 24Original Court PDF
Gajula ThirupathivsThe Telangana State Level Police Recruitment Board
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