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DINESH MEHTA
Amit Singh Rathi S/o Shri Bachachan Singh Rathi – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. The instant writ petition has been preferred challenging the order dated 25.01.2021, passed by the respondent No. 3 cancelling petitioner’s candidature.
2. The facts in nutshell are that the petitioner vied for the post of Junior Assistant pursuant to recruitment notification dated 16.04.2018. The petitioner being meritorious, was issued an order of appointment dated 14.07.2020.
3. After issuance of appointment order, petitioner’s police verification was got conducted in which it had transpired that the petitioner being involved in a criminal case had been convicted. The Principal Seth Manohar Singh Mehta, Govt. Senior Secondary School, Sanganer, Bhilwara by his letter dated 15.07.2020 sought a clarification from the District Education Officer, as to whether the petitioner should be allowed to join.
4. It is noteworthy that regardless of the fact that the said letter dated 15.07.2020 made a clear reference of the order/judgment dated 10.01.2020, passed by the High Court and benefit of probation under section 4 of the Probation of Offenders Act, 1958 (hereinafter referred to as “the Act of 1958”) having been given thereby, the respondent No. 2 vide communication dated 15.01.2
Section 12 which contains a non-obstante clause obliterates or expunges the disqualification attached to or emanating from a conviction.
Section 12 of Act of 1958 reads Removal of disqualification attaching to conviction.
A candidate granted the benefit of probation and having their disqualification removed under the Probation of Offenders Act cannot be denied government employment on the basis of a criminal convictio....
Failure to disclose material information and approach the court with clean hands can render a writ petition not maintainable.
The presumption of innocence until proven guilty and the disapproval of denying rights based on the mere registration of a criminal case.
An acquittal restores an individual's status as a law-abiding citizen, and denial of employment based on non-honourable acquittal is unjust.
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