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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE ARUN MONGA, J
DINESH MEENA – Appellant
Versus
STATE INSTITUTE OF HEALTH AND FAMILY WELFARE (SIHFW) – Respondent
| Table of Content |
|---|
| 1. no suppression of information (Para 6) |
| 2. petition allowed with conditions (Para 7 , 8 , 9) |
Order :
2. The respondents advertised 6981 posts of Nursing Officer vide an advertisement dated 05.05.2023. The petitioner having experience of over three years as a staff Nurse, applied for the same in the ST-Male category. Since the application form did not include an option to disclose the pendency of any criminal case, the petitioner while submitting the form on 20.06.2023, did not mention the registration of the FIR. The petitioner’s documents were verified, and a police verification report dated 13.01.2025 (for the period from April, 1990 to December, 2024) was submitted stating that an FIR No.95/2019 under Sections 153AA & 295A IPC was registered in the year 2019. Though, vide an order dated 09.01.2025, the petitioner tried to join at CHC Amershah Bamnor Dhanua Barmer, but the CMHO Barmer did not permit the petitioner to join his duties due to the pending criminal case. Hence, this petition.
4. It appears that the petitioner is not being allowed to join merely on the ground that he is an under trial in an FIR No.95/2019 registered under Sections 153AA & 295A IPC . Charg
Candidates must truthfully disclose criminal history; denial of employment based solely on pending cases is unjustified if no suppression of information occurs.
The concealment of a pending criminal case during the employment application process can justify termination of services, as integrity and character are critical for positions within the judicial sys....
The judgment establishes the principle that truthful disclosure of criminal cases and pending proceedings is paramount for enlistment in government jobs, particularly for police officers.
The gravity of the offence, the stage of trial, and other relevant aspects must be considered while deciding on the cancellation of selection based on a criminal case. Trivial allegations may not be ....
The rejection of a candidate's appointment based solely on a pending criminal case, without considering the nature of the allegations or the application form's requirements, is arbitrary and unsustai....
A candidate's truthful disclosure of a pending criminal case does not justify denial of appointment if there is no evidence of concealment or misrepresentation.
The court emphasized that reliance on superseded circulars for denying employment based on pending criminal cases is erroneous, requiring objective assessment of each candidate's suitability.
Pending criminal charges do not bar appointment unless proven guilty, affirming rights under Articles 14 and 21.
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