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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
ARUN MONGA
Amrit Pal S/o Shri Harbans Singh – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
ARUN MONGA, J.
1. The petitioner herein is before this Court seeking quashing of an order dated 08.03.2024 (Annex.8) and a report dated 01.03.2024 (Annex.11), and for issuance of directions to the respondents to grant a suitable appointment forthwith by declaring the circular dated 04.12.2019 (Annex.9) illegal to the extent of debarring the petitioner from seeking appointment in government service.
2. The facts leading to this writ petition are summarized as follows:-
2.1. The petitioner, being eligible, applied and participated in the recruitment process for the post of Lower Division Clerk in the year 2013. However, the selection process was delayed for years and finally on 04.10.2022, a provisional list was issued. The petitioner was shown at serial number 68.
2.2. During the document verification, the petitioner informed about pending criminal case under Sections 498A, 406, 323, and 494 of the IPC arising out of matrimonial dispute with his wife. After the verification, petitioner was declared ineligible, citing the pending criminal case under Sections 498A and 323 based on a State Government circular dated 04.12.2019. The petitioner challenged this decision by filing S.B
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 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 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.
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....
Pending criminal charges do not bar appointment unless proven guilty, affirming rights under Articles 14 and 21.
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 ....
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....
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