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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
MR. JUSTICE ARUN MONGA, J
Vishnu Singh Rawat S/o Shri Virad Singh – Appellant
Versus
State Of Rajasthan, Through Secretary – Respondent
ORDER :
(ARUN MONGA, J.)
1. The petitioner herein, inter alia, seeks the quashing of an order dated 23.11.2021 (Annex.-5), vide which he was deemed ineligible for appointment, and requests his appointment to the position of Constable in accordance with the advertisement dated 25.05.2018.
2. Brief facts first. A criminal case against the petitioner was resolved in his favor on 16.01.2018. Subsequent thereto, the respondents issued a notification/advertisement on 25.05.2018, inviting applications for various posts, including the position of Constable (General), for which the petitioner, being fully eligible, applied on 06.06.2018. After successfully clearing all stages of examination, he was selected and assigned to the Rajsamand district for appointment. Meanwhile, on 02.03.2020, a notification was issued outlining disqualification criteria, including cases resolved through compromise (Rajinama). As part of the appointment process, the petitioner was asked to undergo character certificate verification through the SHO of Bhim via a letter dated 15.06.2021, which he duly completed within the stipulated time. However, despite fulfilling all the necessary requirements, he received a. order
An acquittal restores an individual's status as a law-abiding citizen, and denying employment based on past charges violates reintegration principles.
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.
The appointing Authority must consider the antecedents of a candidate acquitted in a criminal case and conduct a detailed probe before making a decision.
Entitlement to appointment based on honorable acquittal and non-disclosure of criminal case in the application.
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 ....
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