Back
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
MUNNURI LAXMAN
Rohitashva Kumar Daila S/o Shri Chandgiram – Appellant
Versus
State Of Rajasthan, Through Its Principal Secretary, Education Department – Respondent
ORDER :
MUNNURI LAXMAN, J.
1. On the request and with the consent of the learned counsel appearing on behalf of the parties, the present writ petition is taken up and heard for final disposal at the admission stage.
2. The present writ petition has been filed challenging the impugned suspension order dated 12.02.2019 (Annex.1) and the impugned order of dismissal dated 25.02.2019 (Annex.2), and also consequentially sought directions to reinstate the petitioner to the post which he was occupying prior to his dismissal.
3. The facts disclose that initially, the petitioner was suspended by the order dated 12.02.2019 on coming to know of the conviction of the petitioner by the trial Court where the criminal proceedings were pending against him. Subsequently, vide order dated 25.02.2019, the petitioner was dismissed from the service on the ground of his conviction in a criminal case by invoking the powers under Rule 19 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1950 (hereinafter referred to as ‘the Rules of 1950’).
4. It appears that the petitioner preferred an appeal challenging his conviction and sentence in the criminal case. The Appellate Court, vide order
Point of law: Mere acquittal in a criminal case is not conclusive of the suitability of the candidate to the post concerned. If a person is acquitted or discharged, it cannot always be inferred that ....
The acquittal in a criminal case, not being an honourable acquittal, does not automatically entitle the petitioner to reinstatement. The employer's concern regarding the integrity, honesty, and trust....
Mere acquittal in a criminal case does not guarantee reinstatement for public servants, especially if integrity concerns persist following a conviction overturned on technical grounds.
An acquittal in criminal proceedings following a dismissal from service due to conviction can justify reinstatement if the related charges substantially overlap, ensuring fairness in judicial review.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
