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2025 Supreme(Raj) 1652

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


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Anand Purohit, Sr. Adv. assisted by Mr. Mayank Roy, Mr. Sameer Pareek and Mr. Vishal Singhal.
For the Respondent: Mr. Rajesh Panwar, Sr. Adv-cum-AAG assisted by Ms. Meenal Singhvi

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

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