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KULDEEP MATHUR
Chetan Ram S/o Phoola Ram – Appellant
Versus
State of Rajasthan – Respondent
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
The suitability of candidates with criminal antecedents for appointment in police forces and the importance of high standards of conduct.
The main legal point established in the judgment is the requirement for clean and honorable acquittal and the absence of moral turpitude for appointment in disciplined security forces, as emphasized ....
The appointing Authority must consider the antecedents of a candidate acquitted in a criminal case and conduct a detailed probe before making a decision.
The importance of examining criminal antecedents and the nature of acquittal before offering appointment, particularly in the disciplined security forces, and the relevance of moral turpitude in dete....
Acquittal in criminal cases does not guarantee eligibility for police employment; employers retain discretion to assess a candidate's character based on their entire criminal history.
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