IMPORTANT POINT
The suitability of candidates with criminal antecedents for appointment in police forces and the importance of high standards of conduct.

ORDER :

1. The present writ petition has been filed by the petitioner seeking directions to the respondents to provide appointment to the petitioner on the post of Constable (driver) at Maharana Pratap Battalion RAC, Pratapgarh pursuant to the advertisement dated 25.05.2018 issued by the respondents.

2. The candidature of the petitioner after his passing all the stages of selection process has been cancelled vide order dated 05.03.2019 (Annex.4) on the count that he was involved in a criminal case wherein he was acquitted by giving him benefit of doubt. In other words, the acquittal of the petitioner in the said criminal case has not been considered to be an honourable acquittal.

3. Learned counsel for the petitioner made submissions that the action of the respondents in passing the impugned order dated 05.03.2019 (Annex.4), disentitling the petitioner for appointment against the advertised post, on account of his involvement in a criminal case, is not justified and on that count, the order impugned deserves to be set aside.

4. Drawing attention of the court towards the order dated 19.11.2018 (Annex.5) passed by the court of Additional Chief Judicial Magistrate, Barmer, (Rajasthan) in Criminal Case No. 911/2012, learned counsel submitted that though the competent criminal court in its order dated 19.11.2018 has stated that the petitioner was acquitted of the charges by extending to him the benefit of doubt yet a complete and careful perusal of the order dated 19.11.2018 would show that there was not even an iota of evidence on the face of the record against the petitioner and thus, by all means the acquittal of the petitioner in the criminal case was honourable acquittal.

5. Learned counsel further submitted that the State Government has laid down guidelines wherein it has been specifically provided that merely because a candidate is having criminal antecedents, he will not be deprived of consideration for appointment. Learned counsel urged that before rejecting the candidature of a candidate on the ground of he having criminal antecedents, the respondents are required to carefully examine the circumstances regarding his involvement in the criminal case and acquittal therein. Had the respondents examined the case of the petitioner carefully, they would have reached to the conclusion that the petitioner was acquitted of the charges for want of evidence and therefore his acquittal in the criminal case was honourable acquittal only and thus the decision taken by the respondents vide order dated 05.03.2019 (Annex.4) denying appointment to the petitioner on the post of Constable (driver) due to his involvement in a criminal case is not a correct decision. Learned counsel thus submitted that a direction may be issued to the respondents to give appointment to the petitioner on the post of Constable (driver) forthwith will all consequential benefits.

6. Reliance was placed on judgment dated 01.03.2017 passed by a co-ordinate bench of this Court in the case of Bhajna Ram vs. State of Rajasthan (SBCWP No. 6884/2008).

7. On the other hand, learned AAG appearing for the State contended that the petitioner was acquitted in the criminal case by the trial court giving him benefit of doubt for the offences punishable under Sections 147, 148, 324/149, 326, 149 IPC as the prosecution witnesses had turned hostile. Learned counsel further submitted that the petitioner entered into a compromise with the prosecution witnesses for the offences punishable under Section 323/149, 447 IPC. Learned counsel submitted that a candidate to be recruited to the disciplined Police Force must be of an unimpeachable character and integrity. Attention of the court was drawn towards the circulars dated 28.03.2017 and 04.12.2019 issued by Police Department and Department of Personnel to contend that the candidates who have been found involved for the offences punishable under Sections 147, 148 IPC and have been acquitted by the Competent Criminal Court after facing crimina