Punjab & Haryana High Court Directs Appointment of Constable Candidate Acquitted in Murder Case; Says Full Disclosure Entitles Him to Consideration Under Rule 12.18(3)(c) PPR
Case Name: Rahul v. State of Haryana & Another
Date of Judgment: October 31, 2025
Citation: CWP-11828-2021
Bench: Hon’ble Mr. Justice Jagmohan Bansal
Held: The Punjab & Haryana High Court directed the Haryana Police to issue an appointment letter to the petitioner within eight weeks, holding that his acquittal in a criminal case and full disclosure of the FIR details entitled him to appointment under Rule 12.18(3)(c) of the Punjab Police Rules, 1934 (as applicable to Haryana). Justice Jagmohan Bansal ruled that once a candidate is acquitted and has not concealed material facts, his candidature cannot be rejected merely because he was once an accused, especially when the offences were not heinous and the acquittal was not based on compromise or suppression of evidence.
Summary: The petitioner, Rahul, applied for the post of Constable pursuant to Advertisement No. 8/2015. He cleared the written and physical tests, and his name was recommended for allotment of a constabulary number. However, his candidature was rejected via order dated 12.03.2021 after verification revealed that an FIR No. 48 of 2018 under Sections 148, 149, 323, 307, 302, 506, and 216 IPC had been registered against him, though he was acquitted by judgment dated 16.09.2020. The rejection was based on Rule 12.18(3)(b) of the PPR, citing moral turpitude.
The Court examined precedents including Rakesh Kumar v. State of Haryana (CWP-22424-2023) and Surender v. State of Haryana (CWP-13263-2025), where identical issues were adjudicated. It reiterated that under Rule 12.18(3)(c), a candidate who truthfully discloses a criminal case and is acquitted must be considered eligible for appointment. Only convictions involving moral turpitude or acquittals in heinous crimes on purely technical grounds fall under disqualification. Justice Bansal clarified that “murder simpliciter arising from neighborhood disputes” cannot automatically be categorized as a heinous or integrity-related offence under Clause (e).
Decision: Allowing the writ petition, the Court directed the Haryana Police to issue the appointment letter within eight weeks. It held that the petitioner’s date of joining shall be treated as his date of appointment for all intents and purposes, ensuring full service benefits.