The Supreme Court observed, in the recent judgement of, Imtiyaz Ahmad Malla v. State of Jammu & Kashmir, that being exonerated from criminal proceedings does not automatically grant an employee reemployment, as it interferes with the exercise of jurisdiction within article 136 in the Constitution of India. In the court’s analysis, it relied on the legal precedent of Union Territory, Chandigarh Administration and Others v. Pradeep Kumar and Another (2018), where it was decided that discharge from criminal accusations does not ensure that an individual has no criminal antecedents.

In August 2009, the petitioner was employed as a policeman with the Jammu and Kashmir  Police. However, his employment order was terminated in March 2020 due to his connection to criminal matters due to which he was incarcerated for 4 days.

In addition, it was discovered that he withheld this knowledge from the employing authorities. The defendant appealed the aforementioned decision made to the High Court. In the midst of court proceedings, he was declared not guilty in the criminal proceeding. Taking this into consideration, the High Court instructed the appointing authorities to consider changing its rejection of the defendant’s reappointment.

However, his appointment was still rejected due to his police record, deeming him unfit for the position of constable. The defendant appealed the judgement to the High Court yet again but was not granted relief on the basis that a DGPs decision cannot be doubted. Unhappy with this, the current appeal was filed with the Supreme Court.