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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
ARUN MONGA
Rajendra Singh – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. Grievance of the petitioner herein arises out of an order/communication dated 07.06.2024 (Annex.14), vide which, petitioner’s candidature on the post of Primary School Teacher (General/Special Education) (Level-I, Class I to V) pursuant to an advertisement dated 16.12.2022 (Annex.3), was rejected.
2. Succinctly speaking, relevant facts first.
2.1 Advertisement dated 16.12.2022 (Annex.3) was issued for the post of Primary School Teacher (General/Special Education) (Level-I, Class I to V). The petitioner applied for the post and cleared the written examination and his name finds place in the list of provisionally selected candidates. Thereafter, the petitioner was permitted to participate in the document verification. The respondents issued an order dated 31.07.2023 (Annex.7) containing the list of finally selected candidates in which name of petitioner finds mention at S.No.5339. Thereafter, the respondents issued a list of candidates for counseling in which the petitioner's name appears at S.No.295.
2.2 However, his appointment was withheld due to a pending criminal case under Sections 199, 200, 466, 467, 468, 471 and420 IPC.
2.3. After trial, the petitioner was acquitted of
An acquitted individual cannot be denied employment based on past allegations, as it contravenes principles of justice and reintegration into society.
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.
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 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 in criminal cases does not guarantee employment; employers can consider a candidate's criminal history when making hiring decisions.
An acquittal restores an individual's status as a law-abiding citizen, and denying employment based on past charges violates reintegration principles.
The appointing Authority must consider the antecedents of a candidate acquitted in a criminal case and conduct a detailed probe before making a decision.
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