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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
MR. JUSTICE ARUN MONGA, J
Rohit Kumar Kalbi S/o. Narayan Lal – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. petitioner applied for position (Para 1 , 2) |
| 2. defense against appointment denial (Para 3 , 4) |
| 3. petitioner's contention on denial (Para 5) |
| 4. no concealment by petitioner (Para 6) |
| 5. previous case relevant (Para 7) |
| 6. monetary benefits clarified (Para 11 , 12) |
ORDER :
2. Briefly speaking, relevant facts as pleaded in the petition are that the Rajasthan Karamchari Chayan Board, Jaipur, issued an advertisement on 16.12.2022 inviting applications for the post of Teacher Grade-3 Level-2 (Class 6-8) in Hindi for the Non-TSP Area. The petitioner, being eligible, applied for the said position.
2.2. The FIR against the petitioner stemmed from an incident on 29.01.2020 during the Panchayat election at Panchayat Bhawan, Nitoda. The petitioner’s mother, Sunder Devi, was a candidate, and during the counting, a group, including a losing candidate, engaged in stone-pelting. The petitioner went to the scene to help his mother but was detained by the police, despite being innocent.His name was wrongly included in the FIR.
2.4. After the district allotment, the list was sent to the District Education Officers. The petitioner, who is from Sirohi, was recommended to the DEO Sirohi, along
A candidate's truthful disclosure of a pending criminal case does not justify denial of appointment if there is no evidence of concealment or misrepresentation.
The court emphasized that reliance on superseded circulars for denying employment based on pending criminal cases is erroneous, requiring objective assessment of each candidate's suitability.
Acquittal in criminal cases does not automatically guarantee employment; discretion in hiring must consider the nature of the offence and circumstances of the acquittal.
Suppression of material facts in employment applications, particularly regarding criminal history, can lead to denial of appointment, emphasizing the need for integrity in positions of trust.
Acquittal in criminal cases does not guarantee employment; employers can consider a candidate's criminal history when making hiring decisions.
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 registration of an FIR does not justify denial of appointment; public employers have discretion in hiring based on candidate suitability and integrity.
The court established that termination based on non-disclosure of a past criminal case requires careful consideration of the nature of the allegations and the candidate's overall suitability.
The suppression of material facts during application must be judged contextually; non-disclosure alone does not automatically disqualify a candidate, especially if they later disclose relevant inform....
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