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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
ARUN MONGA
Rahul Khatri S/o Shri Krishan Kumar Khatri – Appellant
Versus
State Of Rajasthan – Respondent
ORDER :
1. The petitioner herein seeks issuance of an appropriate writ, order and/or direction to the respondents to consider his candidature for appointment on the post of Cooperative Inspector pursuant to the selection result dated 13.07.2021 (Annexure-6) pursuant to the advertisement dated 02.04.2018. Claim is that despite being otherwise meritorious and eligible, he has been unfairly denied appointment due to pending criminal proceedings arising out of matrimonial dispute between him and his estranged wife. Criminal proceedings were instituted at her instance. Less meritorious candidates have been appointed as per the order dated 24.12.2021.
2. The facts leading to this writ petition are that the petitioner had got married with Dr. Ruchika Gupta on 26.02.2020, but their relationship could not remain cordial. Their differences led to filing an FIR No. 67/2020 by his wife at Mahila Thana Police Station, Bhopal, for alleged offences under Sections 498A & 506/34 IPC and Sections 3 & 4 of the Dowry Prohibition Act, 1961.
2.1. Meanwhile, the petitioner participated in the selection process and was successful on the post in question. Subsequently, he was required to give his options for
Pending criminal charges do not bar appointment unless proven guilty, affirming rights under Articles 14 and 21.
Allegations from a matrimonial dispute do not automatically disqualify candidates for police appointments; suitability must be assessed contextually based on the nature of offences, not on blanket di....
Pending criminal charges cannot bar government employment unless proven guilty. This holds especially true where prior judgments emphasize fair trial rights in such appointments.
Pending criminal cases arising from matrimonial disputes should not bar employment if resolved amicably, affirming rights under Articles 14 and 21.
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 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.
Pending criminal cases, particularly of a trivial nature linked to family disputes, do not automatically disqualify candidates for public employment if disclosed truthfully during the recruitment pro....
Non-disclosure of a pending criminal case by a candidate for public service appointment undermines credibility, justifying cancellation of selection.
The judgment establishes the principle that truthful disclosure of criminal cases and pending proceedings is paramount for enlistment in government jobs, particularly for police officers.
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