No Absolute Bar On Appointment In Armed Forces When Acquittal In Moral Turpidute Case Was Due To Benefit Of Doubt: Punjab & Haryana High Court

The Punjab & Haryana has made it clear that acquittal on the ground of "benefit of doubt" in moral turpitude, cases is not an absolute bar for appointment in the Armed Forces.The petitioner was appointed as constable in the Indo=Tibetan Border Police Force on compassionate grounds, however, his appointment letter was cancelled because he disclosed that he was implicated in a POCSO. The Punjab & Haryana has made it clear that acquittal on the ground of "benefit of doubt" in moral turpitude, cases is not an absolute bar for appointment in the Armed Forces. After examining the instructions issued by the Ministry of Home Affairs in 2012 on the basis of which petitioner's appointment letter was cancelled, Justice Jagmohan Bansal said, "As per instructions, if there is acquittal, a candidate who was implicated in an offence of moral turpitude, may or may not be appointed in the Armed Forces. It was submitted that the petitioner's appointment letter was cancelled on the grounds that he had been acquitted in a criminal case by extending the benefit of the doubt, and as such, in terms of the instructions dated 01.02.2012 issued by the Ministry of Home Affairs, he could not be retained in the force.