STATE OF RAJASTHAN Vs. GAJENDRA NARAYAN PATIDAR

JUDGEMENT

(1.) These special appeals (writ) involve common question of law and were clubbed together. However, as the same are directed against different orders passed by learned Single Bench and involve distinct factual issues, the same are being decided separately.

(2.) All the three appeals involve the issue "Whether or not candidates, having criminal antecedents, can be permitted to join Government service upon their selection on merit'. The State Government has issued circulars dtd. 15/7/2016 and 4/12/2019 laying down the guidelines for entry into service of such candidates. Relevant clauses which are common to both circulars are reproduced herein below for the sake of ready reference:

(3.) As per Point No.3, Government orders/instructions/ rules applicable to the employee would have to be taken into consideration at the time of taking the decision. It has been observed at Point No.4(C) that in a case involving moral turpitude or offence of heinous/serious nature, even if acquittal had been recorded on technical ground and it is not a case of clean acquittal, or benefit of reasonable doubt has been given, the employer may consider all relevant facts available as to antecedents, and may take appropriate decision as to the continuance of the employee. At Point No.5, it has been observed that in case where the employee has made a declaration truthfully of a concluded criminal case, the employer still has right to consider the antecedents and cannot be compelled to appoint the candidate.