IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
ARUN MONGA
Neeraj Kanwar D/o Shri Balveer Singh – Appellant
Versus
State Of Rajasthan, Through Secretary, Principal Secretary, Department Of Personnel – Respondent
JUDGMENT :
Arun Monga, J.
1. Petitioner herein, a widow, whose marriage to her now deceased husband irretrievably broke down, resulting in matrimonial acrimony and collateral criminal proceedings, aspirant to be an officer in Rajasthan Administrative Service (RAS), inter alia, seeks issuance of an appropriate writ, order and/or direction commanding the respondents to accord her appointment as per her merit, which is being declined due to pending criminal proceedings against her, instituted by her estranged husband.
1.1. Owing to marital discord, petitioner-wife also got an FIR No.0164/2021, dated 19.08.2021 (a copy thereof tendered in course of prior hearing and taken on record) under Sections 354, 355, 323, 329, 404, 406, 406, 420 and 498-A read with 120-B of IPC. Whereas, her deceased husband lodged an FIR No.0530/2020 dated 04.09.2020 under Sections 452, 341, 323 & 143 of IPC read with section 27 of the Arms Act which, after investigation, led to filing of challan (final report) dated 12.02.2021 under sections 323, 341, 451 read with 34 of the IPC (allegations/charges qua Arms Act were dropped). It is the latter which has turned nemesis to her career goal and is genesis of the inst
The mere pendency of a criminal case not involving moral turpitude cannot justify denial of appointment, emphasizing the need for contextual evaluation of character and offences.
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....
The mere pendency of a criminal case does not automatically disqualify a candidate for compassionate appointment; each case must be assessed on its own merits.
The court established that mere involvement in a criminal case does not automatically disqualify a candidate for government service; a detailed examination of moral implications is necessary.
The court emphasized that reliance on superseded circulars for denying employment based on pending criminal cases is erroneous, requiring objective assessment of each candidate's suitability.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 cannot bar government employment unless proven guilty. This holds especially true where prior judgments emphasize fair trial rights in such appointments.
The main legal point established is that pending criminal cases, especially those involving grave moral turpitude, can justify the denial of appointment to government service, in accordance with the ....
The mere pendency of a criminal complaint, especially from matrimonial disputes, should not disqualify a candidate from public employment.
A candidate cannot be disqualified from judicial service based solely on pending criminal allegations without conviction; character assessment must consider the nature of allegations and the absence ....
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....
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