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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
MR. JUSTICE ARUN MONGA, J
Vikash Kumar S/o Bhanwar Lal – Appellant
Versus
State Of Rajasthan, Through Principal Secretary, Department Of Home, – Respondent
Order :
1. The petitioner herein, aspirant to become a Sub-Inspector/Platoon Commander, inter alia, seeks issuance of an appropriate writ, order and/or direction commanding the respondents to consider his candidature for the said post pursuant to advertisement dated 03.02.2021 and appoint him on the appropriate post, as per his merit, if found otherwise suitable. He pleads that he was successful in the selection process. After filing of the writ petition, a coordinate bench of this court, then seized of the matter, vide an interim order dated 20.09.2024 directed one post in question to be kept vacant. Said order since succinctly sums up the controversy to be adjudicated herein, is reproduced here in below :-
"1. Heard learned counsel for the parties.
2. Learned counsel for the petitioner has disclosed the involvement of the petitioner in the criminal cases wherein, the orders of acquittal have been passed giving benefit of doubt. Learned counsel submits that the respondents have denied the appointment to the petitioner on the ground that the petitioner’s acquittal in the criminal cases is not clean and the same is done after giving the benefit of doubt. He further submits that there a
Acquittal, regardless of being with benefit of doubt, does not disqualify candidates from employment; youthful indiscretions should not hinder future opportunities.
An acquittal based on benefit of doubt does not equate to an honourable acquittal, affecting eligibility for police service recruitment.
Mere acquittal in criminal case does not entitle an employee to reinstatement in service – Acquittal has to be honourable.
Acquittal in criminal cases does not automatically disqualify a candidate for employment; character assessments must consider the nature of offences and the presumption of innocence.
The mere acquittal in a criminal case does not guarantee appointment; a contextual assessment of suitability based on the nature of allegations is crucial.
(1) Employer is having right to consider suitability of candidate as per government orders/instructions/rules at the time of taking decision for induction of candidate in employment.(2) If a person i....
The duty of the prosecution to establish guilt, the presumption of innocence until proven guilty, and the need for a close scrutiny of each case to determine suitability for appointment.
Mere acquittal in a criminal case does not automatically confer a right to appointment in the police service, especially when the acquittal is not a clean one.
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