Professional Documents
Culture Documents
IN
W.P. No.27419/2018
W.P. No.28141/2018
CORAM :
Hon'ble Shri Justice S.K. Seth, Chief Justice.
Hon’ble Shri Justice Vijay Kumar Shukla, Judge.
ORDER
(Jabalpur, dtd.11.12.2018)
are noted.
WWW.LIVELAW.IN
for appointment on the post of District Judge (Entry Level) has been
in the final select list dated 21.11.2017 at Sl. no. 37 under the
name of the petitioner has been deleted from the select list and his
respondent no.1 does not spell out the reasons for declaring the
Act, it is revealed that the selection of the petitioner has been cancelled
verification form, the petitioner had duly and correctly reflected the
fact that two criminal cases were registered against him in the past. He
also submitted that after the decision by the Committee, the charge in
the pending criminal case has been quashed by the High Court in
M.P., dated 10-8-2018] and he has been discharged from the offence
under sections 506 and 385 of the Indian Penal Code and under
500, 385 of Indian Penal Code and Section 3(1)(r) and 3(2)(v)(a) of the
the order passed by the Supreme Court in Avtar Singh vs. Unionof
Kishore Sahu Vs. The High Court of M.P.), in the petitioner’s own
appointment only because they have made truthful disclosure about the
passed by the Apex Court in the case of State of M.P. and others vs.
26–11-2018].
WWW.LIVELAW.IN
for appointment, there were criminal cases pending against them and
Pawar vs. High Court of M.P. and another, 2018(2) MPLJ 419
1 SCC 797 held that mere acquittal in a criminal case would not be
11. In para 44 the Full Bench further held that the High Court
could not issue any direction for appointment of a candidate from the
date the other candidates were appointed as such is not the jurisdiction
vested in the High Court under Article 226 of the Constitution of India.
(supra) by the petitioner would not render any assistance in the facts
2018] the Supreme Court held that an employer can certainly take into
account the job profile for which the selection is undertaken, the
severity of the charges levelled against the candidate and whether the
held that the said case was decided taking into consideration the
accused, who was charged under Section 376 of the IPC was travelling
with the prosecutrix in question and all accused were acquitted as the
any way, be said to have departed from the line of decisions rendered
others vs. Parvez Khan, (2015) 2 SCC 591; and Pradeep Kumar
find any merit in the present writ petitions and the same are hereby
ac.