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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
MUNNURI LAXMAN
Abhishek Vishnoi S/o Shri Dalpat Singh – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. challenge to appointment based on pending fir. (Para 1 , 2) |
| 2. assessment of suitability despite pending charges. (Para 3 , 4 , 5) |
| 3. evaluating moral turpitude's relevance to appointment. (Para 6 , 7) |
| 4. court's directive on appointment conditional on conduct. (Para 8) |
| 5. completion timeline for appointment process. (Para 9 , 10) |
ORDER :
1. The present writ petition has been filed challenging the decision of the Committee dated 03.10.2023 (Annex. R/2), whereby the petitioner’s appointment as a Sub-Inspector of Police was withheld for a period of three years on account of the pendency of a criminal case relating to matrimonial offences and other IPC offences.
2. The grievance of the petitioner is that the petitioner applied for the post of Sub-Inspector, and at the time of making the application, no FIR had been lodged against him. During the pendency of the selection process, the wife of the petitioner lodged a police complaint against him, and an FIR was registered by the Mahila Police Thana, Jodhpur, bearing FIR No. 71/2022 dated 20.03.2022 (Annex. 12), for offences under Sections 498 -A, 406, and 323 IPC . After conducting investigation, the police filed a charge
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 do not bar appointment unless proven guilty, affirming rights under Articles 14 and 21.
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 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, 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 cases arising from matrimonial disputes should not bar employment if resolved amicably, affirming rights under Articles 14 and 21.
Appointment cannot be denied on arbitrary and non-existent grounds, and instructions provided should be interpreted in line with the legal framework.
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