RAJESH Vs. DIRECTORATE GENERAL SASHASTRA SEEMA BAL

JUDGEMENT

(1.) This petition has been filed by the petitioner challenging the Memorandum dtd. 20/12/2019, whereby the respondents have cancelled the Selection Letter issued to the petitioner for the post of Constable (Driver) in Sashastra Seema Bal (hereinafter referred to as 'SSB'), and the Order dtd. 23/3/2022, whereby the representation of the petitioner was dismissed.

(2.) In brief, it is the case of the petitioner that the petitioner had applied for the post of Constable (Driver) in SSB pursuant to an Advertisement dtd. 30/7/2016. The petitioner, in the application form itself, had disclosed the pendency of the criminal case arising out of FIR No. 211/2014 registered at Police Station Kotwali, Sikar, Rajasthan. The petitioner was selected to the said post vide Selection Letter dtd. 4/7/2018, and was asked to report at the 45th Battalion SSB, Birpur, Bihar for joining. However, on presenting himself, he was not allowed to join the post due to the pendency of the criminal trial.

(3.) By the Judgement and Order dtd. 31/8/2019 passed by the learned Additional Sessions Judge No.4 Sikar, Rajasthan in Session Case No. 51/2016, titled State v. Vikram Singh and Others, the petitioner was acquitted of the offences he was charged with. The petitioner, therefore, vide letter dtd. 2/12/2019, requested the respondents to allow him to join service for the said post. However, by the Impugned Memorandum dtd. 20/12/2019, the respondents cancelled the appointment of the petitioner, observing therein that keeping in view the serious nature of offences for which the petitioner was charged and the acquittal being on the basis of giving benefit of doubt due to lack of evidence, which is not considered an 'honourable acquittal', the petitioner's appointment could not be considered.