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ARUN MONGA
Vinod Kumar, S/o. Shri Ram Singh – Appellant
Versus
State Of Rajasthan, Through The Secretary, Home Department Government Of Rajasthan – Respondent
ORDER :
(Arun Monga, J.)
1. Petitioner herein is before this Court seeking appointment on the post of Constable Driver pursuant to an advertisement dated 25.05.2018 (Annex.3).
2. Succinctly speaking, relevant facts, as pleaded in the petition are as follows:
2.1 An advertisement dated 25.05.2018 (Annex.3) was issued by the respondent No.2 for the post of Constable in pursuance of the Rajasthan Police Subordinate Service Rules, 1989 (as amended) in Part-III for the Rajasthan Police in various Districts / Units / Battalions for Constable General, Constable Driver, Constable Band, Constable Horse Rider, Constable Swan Dal, and Constable Operator, for a total of 13142 vacant posts. The last date for submitting the online application form was 14.06.2018.
2.2 Pursuant to this, the petitioner, being eligible, applied for the post of Constable Driver and filled in all the required information. In the relevant application form, the petitioner had disclosed, inter alia, that an FIR No. 205 dated 07.07.2007 under sections 323, 341, 447, and 504 IPC, which had been lodged against him at Police Station Bhadra. Thereafter, the respondent department issued an Admit Card to the petitioner for appearing
An acquittal in criminal proceedings restores the status of a law-abiding citizen, and denying employment based on an FIR where the individual has been acquitted is unjust.
An acquittal restores an individual's status as a law-abiding citizen, and denial of employment based on non-honourable acquittal is unjust.
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 ....
An acquittal restores an individual's status as a law-abiding citizen, and denying employment based on past charges violates reintegration principles.
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....
An acquittal based on benefit of doubt does not guarantee eligibility for employment in disciplined services, allowing employers discretion in hiring.
The acquittal in a criminal case does not automatically entitle a candidate for appointment, and the employer has the right to consider the antecedents of the candidate.
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