The Supreme Court in the case Imtiyaz Ahmad Malla vs State of Jammu & Kashmir observed that mere acquittal does not entitle an employee to the reinstatement in service.
The bench comprising of Justice Ajay Rastogi and Justice Bela M Trivedi in the case observed wherein a person is acquitted or discharged and the court cannot obviously be inferred that he was falsely being involved and he had no criminal antecedent.
In the present case, the petitioner was being appointed to the post of constable in the Jammu and Kashmir Executive Police. The court also cancelled the letter of appointment on the ground that the petitioner was involved in a criminal case and was under arrest for four days and he consciously concealed the said information.
The court while dismissing the writ petition filed against the cancellation of appointment, it has been held by the Jammu and Kashmir High Court that the decision of the Director General of Police, the highest functionary in the hierarchy of police department for considering the the suitability of the appellant for induction into police force and the same could not be called into question.
It was also contended before the Apex Court that the criminal trial proceeded against the petitioner, it has been failed by the prosecution for examining the investigating officer and also failed to bring home the charges levelled against him, and thus in the said case his acquittal was required to be treated as an honorable acquittal.
The bench observed that the High Court in an impugned judgement has also elaborately dealt with each and every aspect of the issues involved, wherein it has been upheld by the court that the order of the Single Bench to the effect that the Director General being the highest functionary in the police hierarchy and the best judge to consider the suitability of the petitioner for induction into the said police force.
Accordingly, the court dismissed the SLP.
