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K. M. JOSEPH, PAMIDIGHANTAM SRI NARASIMHA
Rajasthan High Court, Jodhpur – Appellant
Versus
Akashdeep Morya – Respondent
JUDGMENT :
K.M. JOSEPH, J.
1. Leave granted.
2. By the impugned judgment, the High Court has allowed the writ petition filed by the first respondent against the decision of the appellant by which it found that the first respondent did not deserve to be appointed to the Civil Judges’ cadre.
3. The appellant issued a notification dated 25.11.2013 inviting applications for filling up the post of Civil Judge (Junior Division). The respondent applied pursuant to the same. It would appear that there was no requirement in the application for indicating about involvement of the candidate in any criminal case. However, when the matter was taken for verification, the respondent volunteered with the information with regard to his being implicated in certain criminal cases. We may notice the details of the cases which are as follows :
| FIR No./Police Station | Under Sections | Police Investigation | Decision of Court |
| 81/25.06.99 | 341, 323, 147, 148, 149, 504, 324 IPC | Challan dated 26.07.1999 | Acquitted on 05.02.2011 on the basis of compromise. |
| 75/03.05.11 | 420, 4 | ||
The concealment of a pending criminal case during the employment application process can justify termination of services, as integrity and character are critical for positions within the judicial sys....
Non-disclosure of minor criminal involvement does not automatically disqualify a candidate; suitability must be assessed holistically by the appointing authority.
(1) Termination – Employer has discretion to terminate or condone an omission in disclosure made by a candidate – Even if a truthful disclosure has been made, employer is well within its right to exa....
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