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ARUN MONGA
Shankar Lal S/o Sh. Nathu Lal – Appellant
Versus
State Of Rajasthan – Respondent
ORDER :
1. Petitioner herein is assailing an order dated 13.12.2021 (Annex.11) passed by the Superintendent of Police, Sirohi, vide which his candidature for the post of Constable pursuant to an advertisement dated 04.12.2019, was rejected.
2. Succinctly speaking, relevant facts, as pleaded in the petition are as follows:
2.1. The Respondent Department issued an advertisement dated 04.12.2019 inviting applications for appointments on the 773 posts of Constable (GD) and Constable Driver in various districts, The petitioner, being eligible, also applied for the same for District Sirohi under the ST category (TSP).
2.2. He successfully passed the written examination held on 08.11.2020. Thereafter, the petitioner was called for the physical efficiency test, which was held on 10.04.2021. The petitioner cleared the physical efficiency test as well.
2.3. In the interregnum, after the issuance of the advertisement, an FIR was registered against the petitioner on 11.04.2020 (Annex.7) for alleged offences under Sections 143 & 323 IPC. Subsequently, a challan was filed against the petitioner, and after the trial, the petitioner was acquitted vide a judgment dated 31.08.2021 (Annex.8).
2.4. Meanwhil
An acquittal restores an individual's status as a law-abiding citizen, and denial of employment based on non-honourable acquittal is unjust.
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 denying employment based on past charges violates reintegration principles.
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 ....
Acquittal, regardless of being with benefit of doubt, does not disqualify candidates from employment; youthful indiscretions should not hinder future opportunities.
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....
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.
Honourable/clean acquittal of by the Sessions Court is sufficient to vitiate the stigma about his involvement in the criminal case involving moral turpitude.
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