There Cannot Be Any Mechanical Denial Of Appointment In Judicial Service On The Ground Of Moral Turpitude: SC [Read Judgment]

‘To make past conduct, irrespective of all considerations, an albatross around the neck of the candidate, may not always constitute justice.’The Supreme Court has directed the state authorities to reconsider the candidature of a successful aspirant for judicial service, whose selection for appointment was cancelled on the ground of ‘moral turpitude’.A three-judge bench comprising. ‘To make past conduct, irrespective of all considerations, an albatross around the neck of the candidate, may not always constitute justice.’ The Supreme Court has directed the state authorities to reconsider the candidature of a successful aspirant for judicial service, whose selection for appointment was cancelled on the ground of ‘moral turpitude’. A three-judge bench comprising Justice Kurian Joseph, Justice Sanjay Kishan Kaul and Justice Navin Sinha 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 denial of appointment after empanelment. An alleged single misadventure or misdemeanour of the present nature, if it can be considered to be so, cannot be sufficient to deny appointment to the appellant when he has on all other aspects and parameters been found to be fit for appointment.” Directing the authorities to reconsider his candidature, the bench said: “The consideration of the candidature of the appellant and its rejection are afflicted by a myopic vision, blurred by the spectacle of what has been described as moral turpitude, reflecting inadequate appreciation and application of facts also, as justice may demand.” Read the Judgment Here