The Court was hearing an appeal against a Jammu & Kashmir High Court judgment which had affirmed the order passed by the Director General of Police (DGP) declaring the appellant unsuitable for the post of constable, in view of his criminal background.
The appellant was appointed as a constable in the Jammu & Kashmir Executive Police in August 2009. However, in March 2020, his appointment order was cancelled on the ground that he was involved in a criminal case for which he was arrested for four days. It was also found that he had concealed this information from the appointing authority.
Challenging the said order, the appellant moved the High Court. Meanwhile, he was acquitted from the criminal case. Taking note of the same, the High Court directed the appointing authority to reconsider its decision to reject the appointment of the appellant.
The DGP, however, rejected the appointment of the appellant in view of his criminal background, and found him unsuitable for the post of constable in the disciplined force.
The appellant once again approached the High Court against this decision. The High Court refused to grant relief to the appellant on the ground that the decision of the DGP, who is the highest functionary in the hierarchy of the police department, could not be called into question.
Aggrieved by this order, the appellant moved the present appeal before the apex court.
Source: Barandbench
