It is beyond imagination that employer will treat the offence under Section 323 and 324 IPC at par with the other heinous offence, the bench observed.
The Rajasthan High Court has directed to appoint Akashdeep Morya to the post of Civil Judge and Judicial Magistrate quashing the order disqualifying him for the post citing four criminal cases registered against him in the past, though he was acquitted in all of them.
Although there is acquittal in all the four cases, the committee had observed that he does not deserve indulgence to be considered for appointment on the post of civil judge cadre. The high court committee, noting that the candidate had four cases registered against him, in its communication rejecting his representation, observed: “Four criminal cases have been registered against Shri Morya one after the other. Offences in all the above cases were serious in nature and acquittals were not clean. In adjudging his candidature, comparison with other candidates is not relevant. Therefore, taking note of all the relevant aspects the committee is of the view that Shri Morya does not deserve appointment on the post of Civil Judge Cadre and his representation is liable to be rejected.”
Perusing the details of cases registered against him, the bench of Justice Ramchandra Singh Jhala and Justice Gopal Kishan Vyas observed: “Admittedly, the petitioner belongs to SC category which is weaker section of the society, against whom two false cases were registered in which after investigation, police gave opinion that no such incident took place and in other two cases registered against him for the offence of simple injuries, compromise was arrived between the parties and trial court acquitted him on the basis of compromise, therefore, we are of the opinion that decision of the committee is not in consonance with the spirit of the judgment in the case of Avtar Singh (supra).”
The court further said: “It is important aspect of the case that petitioner who belongs to SC category which is weaker section of the society appeared in the competitive examination and succeeded in it on the basis of his performance and recommended for appointment, but due to registration of some cases against him prior to submitting application, the appointment has been denied without considering the verdict of Hon'ble Apex Court in its true spirit, in our opinion, the committee was under legal obligation to consider the case of the petitioner for appointment objectively because a person of weaker section cannot be deprived from his legal rights which is acquired by him through competitive examination”.
Holding that denial of appointment to the Morya is not sustainable in law and unconstitutional, the bench observed: “In such type of cases if appointments will be denied casually then nobody will trust upon the judicial system, therefore, it is the duty of the employer to apply its mind to assess the suitability of candidate objectively. It is beyond imagination that employer will treat the offence under Section 323 and 324 IPC at par with the other heinous offence.”