MORAL TURPITUDE IS NOT THE GROUND FOR DENIAL OF GOVERNMENT SERVICE

 

                   The Supreme Court in a case titled as Mohammed Imran Versus State of Maharashtra and others in Civil Appeal No. 10571/ 2018 arising out of SLP (CV) No. 6599 of  2018 has observed that there cannot be any mechanical or rhetorical incantation of moral turpitude, to deny appointment in judicial service simplicitor and there,  can be no arbitrary of denial of appointment  after empanelment.

                   Mohammed Imran was selected and recommended for appointment by the Maharashtra Public Service Commission on 10.10.2009. In his justification form,  he disclosed that he was prosecuted for offence s under Section-363, 366, 34 IPC and was acquitted  in the  case  much before he cleared  the examination  for appointment in the year 2009. However, his selection for  appointment  was cancelled due to the character verification report  of the police.  He approached the Apex Court  as the High Court turned down his plea against cancellation.  

                   The Honble Supreme Court of India while dealing with the issue observed as under :-  

                   every individual observes a principle to improve, learn from the  past and move  a head in life by self improvement.  To make best conduct, irrespective of all considerations, a albatross around the neck of the candidate, may not always constitute  justice.  Much will, however depend on the fact situation of a case.

                   It was further observed that the consideration of the candidature of the Appellant and its litigation are  afflicted by a myopic vision blurred by the spectacles of all the situation described  as moral turpitude,  reflecting inadequate appreciation and  application of  facts also, as justice may demand.

 

                 

 

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