Acquittal Based On Benefit Of Doubt In Serious Crime Cannot Make Candidate Eligible For Public Employment

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Case: State Of Rajasthan Vs Love Kush Meena

Coram: Justices Sanjay Kishan Kaul and R. Subhash Reddy

Case No: [CA 3894 OF 2020]

Court Observation: “The judgment in Avtar Singh’s case (supra) on the relevant parameter extracted aforesaid clearly stipulates that where in respect of a heinous or serious nature of crime the acquittal is based on a benefit of reasonable doubt, that cannot make the candidate eligible…

…We may note here that the circular dated 28.03.2017 is undoubtedly very wide in its application. It seeks to give the benefit to candidates including those acquitted by the Court by giving benefit of doubt. However, such circular has to be read in the context of the judicial pronouncements and when this Court has repeatedly opined that giving benefit of doubt would not entitle candidate for appointment, despite the circular, the impugned decision of the competent authority dated 23.05.2017 cannot be said to suffer from infirmity as being in violation of the circular when it is in conformity with the law laid down by this Court.”, the Court said while setting aside the High Court judgment.


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