Listen to this articleAnil Bharadwaj v
The Hon’ble High Court of Madhya Pradesh &ors.
CIVIL APPEAL NO(S).3419 of 2020
(Arising out of SLP(C)No.10255 of 2020) Decided on October 13, 2020.
BENCH- Ashok Bhushan, M.R. Shah, JJ.
FACTS
In the present case, appellant participated in
the selection process of the District Judge (entry level) in Madhya Pradesh. He
featured in the provisional list but was denied appointment owing to a criminal
case pending against him filed by his wife. The cases was filed under section
498A and 406 of the Indian Penal Code. The High Court of Madhya Pradesh
acquitted him of all the charges. He filed an appeal on the basis of acquittal
order for reconsideration of his appointment but the same got dismissed.
Aggrieved by this judgment, appellant filed this appeal to Supreme Court.
ISSUE
Whether the subsequent acquittal of the
appellant can be ground to reconsider him for appointment on the post?
HELD
The Supreme Court relying on Union Territory, Chandigarh Administration
and others v Pradeep Kumar and another, (2018) 1 SCC 797 held that
acquittal in a criminal case does not automatically ensure appellant’s
appointment to a post. The Hon’ble Court further observed that the decision of
the Screening Committee must be held final unless it is arbitrary or vitiated
by mala fide intention. Any such vitiation can be challenged in constitutional
courts exercising Judicial Review. Furthermore taking the facts of the case in
consideration, the Hon’ble Court concluded that the decision of Appointment
Committee for holding the appellant unsuitable for post of District Judge was
based on relevant considerations and could not be considered as mala fide or
arbitrary. Hence appellant’s acquittal in a criminal case did not furnish
sufficient ground for reconsidering his appointment.