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DINESH MEHTA
Jagdeesh Kumar S/o Shri Hanuman Ram – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
I.A. No. 1/2023:
For the reasons stated, the application seeking early listing of the matter is allowed and the writ petition is heard finally with the consent of both the parties.
S.B. Civil Writ Petition No. 15899/2019:
1. The petitioner has invoked the extra-ordinary writ jurisdiction of this Court, calling in question the order dated 23.08.2018 (Annex.9), whereby his representation for considering his case for appointment has been rejected.
2. Narrated in brief, the facts appertain are that the petitioner vied for the post of Junior Accountant pursuant to advertisement dated 16.04.2015. The petitioner stood meritorious in the process of recruitment and an appointment order dated 30.06.2017 came to be issued in his favour.
3. During the course of verification of credentials, the petitioner disclosed the factum of pendency of a criminal case against him pursuant to FIR No. 197 dated 11.12.2015 alleging offence under sections 4 and 5 of Rajasthan Essential Services Maintenance Act, 1970 (hereinafter referred to as “the Act of 1970”).
4. On finding petitioner’s involvement in the criminal case, the respondents vide order dated 12.07.2017, kept petitioner’s appointment in abeyance.
Section 12 of Act of 1958 reads Removal of disqualification attaching to conviction.
The main legal point established is that pending criminal cases, especially those involving grave moral turpitude, can justify the denial of appointment to government service, in accordance with the ....
Detention - Petitioner who suppressed the material information in the application form, though disclosed in attestation form placed on record by the learned Government Pleader for Services-I disclosi....
Section 12 which contains a non-obstante clause obliterates or expunges the disqualification attached to or emanating from a 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....
Acquittal in criminal cases does not guarantee employment; employers can consider a candidate's criminal history when making hiring decisions.
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