Gujarat HC directs police dept to consider appointment of unarmed constable

In a significant ruling, the Gujarat High Court has quashed an order by the Deputy Commissioner of Police denying appointment to a candidate for the post of unarmed SRPF Constable (Lok Rakshak). The denial was based solely on a prior FIR against the petitioner, which had already been quashed by the court.

A single-judge bench directed the police department to consider the petitioner's case for appointment to the post of Unarmed Constable (Lok Rakshak). The court ordered his appointment, noting that if he was otherwise found suitable, for the post and cleared the medical examination.

The court observed that the mere pendency of a criminal case does not, by itself, disqualify a candidate from appointment. Whether to appoint a person against whom a criminal case is pending, or who has been acquitted, or against whom FIR has been quashed not on merits but by consent of the complainant, is a matter of discretion of the employer. 

The bench stressed that in cases of clean acquittal based on evidence or quashing of an FIR by a competent court, the appointing authority should ordinarily not deny appointment merely due to the registration of a criminal case, unless something truly objectionable is found against the candidate.

However, the court distinguished cases involving suppression of facts by the candidate, acquittal on benefit of doubt, or quashing of FIR with the complainant's consent. In such scenarios, authorities must evaluate all relevant aspects—including the gravity of the offence, the candidate's role, and the nature of the allegations—on a case-by-case basis, considering the specific post.

If a candidate is deemed unsuitable despite quashing or acquittal, the authorities must issue a reasoned order explaining the denial, taking into account the post's profile and requirements.

The court highlighted the risks of misuse: denying appointment based solely on a quashed FIR or pending case could enable malicious individuals to file false FIRs—often arising from matrimonial disputes, financial transactions to derail meritorious candidates.

In the present case, the allegations against the petitioner involved assault,  kicking and fist blows towards the complainant's mother-in-law. An FIR was registered at Dhanpur Police Station in 2018 and was quashed by the high court in 2023.