GAGAN GUNWANT Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Petitioner participated in a selection held in 2016 for the post of Assistant Accountant in Department of Finance. According to petitioner, appointment was denied to him on account of pendency of a criminal case for offences punishable under Ss. 147, 342, 353, 447, 427, 504 & 506 I.P.C. and Sec. 7 of Criminal Law Amendment Act.

(2.) Learned counsel for the petitioner has referred to a judgment dtd. 16/11/2021 rendered by learned Additional Chief Judicial Magistrate, Rudrapur, District Udham Singh Nagar in Criminal Case No. 1461 of 2015. Perusal of the judgment reveals that petitioner, with other accused persons, was acquitted of all the charges as prosecution could not prove its case beyond reasonable doubt.

(3.) Learned counsel for the petitioner submits that aforesaid judgment rendered by learned Additional Chief Judicial Magistrate, Rudrapur, District Udham Singh Nagar has attained finality and there was no other criminal case pending against the petitioner. Learned counsel for the petitioner further submits that the post of Assistant Accountant in Government Treasury at Rudrapur, District Udham Singh Nagar is still lying vacant, therefore, petitioner has a right to be considered for appointment against the said vacancy. He further submits that petitioner has made representation which is pending before District Magistrate, Udham Singh Nagar.