(1.) WITH the consent of parties, the writ petition is heard finally. It is a case where petitioner remained successful in selection for the post of Teacher Gr. II (Mathematics). The appointment order was issued followed by posting order. The petitioner was allowed to join but later on asked not to work due to the pendency of criminal case u/s. 498A & 406 IPC.
(2.) LEARNED counsel submits that matter has already been settled with the wife and the compromise has also been filed in the Court. In any case, one cannot be debarred to work due to pending criminal case only. It is in view of the fact that even character certificate cannot be denied to a convict unless one is involved in the case of moral turpitude or violence. It is with an object to bring even a convict to mainstream. For ready reference, Rule 12 of Rajasthan Education Subordinate Service Rules, 1971 is quoted hereasunder: