Person acquitted from criminal case on basis of benefit of doubt cannot be denied appointment

Even if there is a non-disclosure of past of criminal case, unless same is found to be material, such non-disclosure cannot be held against candidate. Person acquitted from criminal case on basis of benefit of doubt cannot be denied appointment

Petitioner who applied for post of Grade II Police Constable, Grade II Jail Warder and Fireman was earlier acquitted of criminal charges on ground of "benefit of doubt" as he was maliciously prosecuted by his former friend. Such fact found to be recorded by Police Inspector in his report. Appointing Authority however failed to appreciate this circumstance, which led to acquittal of petitioner

Merely by exhibiting rule oriented pedantic approach time and again by Appointing Authority in rejecting the candidatures of the candidates who are involved in criminal cases and being acquitted on the basis of "benefit of doubt", without appreciating the nature of offence and the facts which led to acquittal etc., tantamounts to relegating the spirit of the rule to the back burner and enforcing the inanimate letter of the rule in negation of the fundamental rights of the candidate.

Conviction under S. 411 IPC for dishonestly receiving stolen property is invalid when the accused persons are acquitted under S. 379 IPC for theft arising from the same transaction.

AIR 2025 SC 3890 : AIROnline 2025 SC 760 Legal principles "In a criminal prosecution, the initial burden is always on the prosecution to discharge.", "Conviction under Section 411 IPC requires that the property is proved to be stolen property.", "If the prosecution fails to establish

Benefit of maternity leave with allowance to Contractual employee

AIROnline 2022 KER 275 An educational society CPAS is an "establishment" under S. 2(1)(b) of Maternity Benefit Act, 1961, as the term covers any establishment under State law, not only commercial entities. Hence MB Act's applicable to contract employees in establishments like CPAS. Further

Legal Principles Regarding First Appeal S. 96 of Civil P C

AIROnline 2025 MAD 723 "Right of first appeal is a substantive, valuable right and not merely procedural.", "Unless expressly excluded by statute, the right of appeal cannot be limited or taken away by subsequent legislation.", "Appeal is a continuation of the suit.", "Judicial

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