NARESH AGARWAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner Dr. Naresh Agarwal had qualified MBBS Examination in 1995 from RNT Medical College, Udaipur. THE Principal RNT Medical College and Controller of Associate Groups of Hospitals, Udaipur had also given a certificate of his satisfactory behaviour in the college as far back on 16. 3. 1996, copy of which is attached as Annexure-1.

(2.) DURING the time of studies in MBBS in the College, because of certain dispute during elections of the Student's Union there was some hot deliberations amongst the students for which one group of students had also lodged an FIR in the year 1994 u/s. 323 IPC. However, immediately thereafter the students had compromised on 31. 8. 1994 itself so far the offence u/s. 323 IPC was concerned, but u/s. 147 IPC, he was released under the Probation of Offenders Act as per Annexure-3.

(3.) IN the case of Hanuman Singh vs. State of Raj. & Anor. (supra), it was held that the conviction u/s. 147 and 323 IPC cannot be termed as conviction of offence involving moral turpitude. Relying on Rule 12, as reproduced above, it was held by this court that the rule making authority did not intend to exclude even convicts, Ex-prisoners, as also those convicted of offences involving moral turpitude, from the zone of consideration for the purpose of recruitment to the Subordinate Service in the Police Department and, therefore, so far as the rules of recruitment are concerned, fresh employment can be given to an Ex-Prisoners; there was hardly any justification for imposing major penalty on a Government employee, merely on the basis of his conviction for a criminal offence by a competent court of law, which does not involve of moral turpitude. It was further held that the absence of notice to show cause; there was violation of principles of natural justice in passing of the impugned order.