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Rajasthan HC Re-Ignites Hope For Police Aspirant With Pending Criminal Proceedings [Read Judgment]

Apoorva Mandhani
10 Jan 2019 8:29 AM GMT
Rajasthan HC Re-Ignites Hope For Police Aspirant With Pending Criminal Proceedings [Read Judgment]
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The Rajasthan High Court recently re-ignited the hopes of a police aspirant, who was denied the job as a Constable because of the pendency of criminal proceedings against him.

The order was issued by Justice Alok Sharma, who pointed out that the criminal proceedings pending against the petitioner pertained to a family dispute, devoid of any moral turpitude, and hence, should not necessarily lead to denial of appointment for him. The authorities were then directed to consider his case afresh on merits.

The court was hearing a petition filed by one Kailash Chand Jat, challenging the "arbitrary denial" of appointment to him, despite his name appearing in the selected list of candidates. He had applied for the post of Constable in District Jhalawar under the OBC category.

The reason for the same was the registration of an FIR against him for offences under Sections 323 (voluntarily causing hurt), 341 (wrongful restraint) and 143 (unlawful assembly) of the Indian Penal Code.

He had now contended that the FIR pertained to a dispute with his extended family members and that it does not partake of any inherent criminality, rendering him unsuitable for appointment as a Constable.

He had also relied on Rule 13 of the Rajasthan Police Subordinate Service Rules, 1989, which provides that the circumstances of the conviction should be taken into account and if they involve no moral turpitude or association with crimes of violence, mere conviction need not be considered a disqualification.

The State had, on the other hand, relied on the advertisement, which had categorically stated that conviction for offences entailing moral turpitude would render a person suitable for appointment to the vacancies.

The court, however, did not agree with the State and pointed out that all the offences registered against the petitioner are petty in nature, bailable and triable by a Magistrate. It observed, "The offences alleged against the petitioner are not of moral turpitude. They do not exhibit baseness vileness or depravity of the character.

"There is nothing to show from the record that there is any possibility of the petitioner to take to a life of crime or his appointment would entail grave repercussions on social order and/ or public interest."

The petition was therefore allowed, with the court directing, "The respondents are directed to consider the petitioner's case for appointment as Constable in District Jhalawar in terms of his merit prepared pursuant to the select list under the advertisement dated 14.7.2013. That be done within a period of 8 weeks from the date of receipt of certified copy of this order." 

Read the Judgment Here

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