Mere Acquittal In Criminal Case Insufficient To Infer A Person Possesses Good Character To Make Him Eligible For The Post Of Judicial Officer

Ashutosh Pawar vs High Court of Madhya Pradesh & Another

Madhya Pradesh HC, Jabalpur Bench

12/01/2018

Writ Petition No. 5865/2016

About/from the judgment:

There cannot be any compromise in respect of rectitude, honesty and integrity of a candidate who seeks appointment as civil judge!

 

The test for each of them is based upon different parameters and therefore, acquittal in a criminal case is not a certificate of good conduct to a candidate. The competent Authority has to take a decision in respect of the suitability of candidate to discharge the functions of a civil post and that mere acquittal in a criminal case would not be sufficient to infer that the candidate possesses good charact...

 

The expectations from a Judicial Officer are of much higher standard. There cannot be any compromise in respect of rectitude, honesty and integrity of a candidate who seeks appointment as Civil Judge. The personal conduct of a candidate to be appointed as Judicial Officer has to be free from any taint. The standard of conduct in the case of Judicial Officer is higher than that expected of an ordinary citizen and also higher than that expected of a professional in law as well. The same must be in tune with the highest standard of propriety and probity.

 

The decision in respect of eligibility of any candidate on account of involvement in a criminal case has to be taken by the High Court. If the State has any information in respect of the antecedents or any other material which is relevant in respect of suitability of a candidate, the State must share the information with the High Court. The ultimate decision on suitability of candidate for appointment is to rest with the High Court.

Read the Judgment

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