ACQUITTAL IN MARTIMONIAL CRIMINAL CASES – NO STIGMA FOR APPOINTMENTS

https://freelegalconsultancy.blogspot.com/2020/10/acquittal-in-martimonial-criminal-cases.html

quashing the orders dated 14.09.2018, 18.07.2018 and 21.09.2019 by which appellant has been 2 held not suitable for being appointed to the post of District Judge (Entry Level).

The High Court of Madhya Pradesh issued an advertisement dated 09.03.2017 inviting applications for recruitment in the post of District Judge(Entry Level) in the cadre of Higher Judicial Service by Direct Recruitment from amongst the eligible Advocates. In pursuance to the advertisement, the appellant submitted online application form. The appellant after being declared successful in the Main Examination was called for interview. The provisional select and waiting list was published in which the name of the appellant was included at Serial No.13 in the category of unreserved. The appellant received a communication on 06.04.2018 from the Law and Legislative Department informing that he has been selected for the post of District Judge (Entry Level). He was asked to appear before the Medical Board for the health tests. On 02.07.2018 the appellant was informed that in his 3 attestation form FIR No.852/2014 under Section 498/406/34 IPC is shown and the copy of the same was asked for. On 14.09.2018 order was issued by the Principal Secretary, Madhya Pradesh, Law and Legislative Department declaring the appellant ineligible and directing for deletion the name of the appellant from the select list. The Government also issued a Gazette notification deleting the name of the appellant from the Merit No.13 of the main select list.

We, thus, are of the view that the High Court did not commit any error in dismissing the writ petition. The appellant was not entitled for any relief in the writ petition. In the result, while dismissing this appeal we observe that stigma, if any, of the criminal case lodged against appellant under Section 498A/406/34 IPC is washed out due to the acquittal of the appellant vide judgment dated 18.09.2019.