BHAWANI SINGH KUMPAWAT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE matter comes up on an application for early listing of the case. With the consent of the learned counsel for the parties, matter is heard finally at this stage and disposed of.

(2.) THE petitioner, an aspirant for recruitment to the post of Constable, has laid this writ petition for quashing impugned letter/information dated 2nd of August 2013 (Annex.6), whereby it was conveyed that he has been denied appointment to the post of Constable for incurring certain disqualifications envisaged under the advertisement for the said recruitment. Apart from that, the petitioner has also sought a direction against the respondents to offer him appointment to the post of Constable.

(3.) ON behalf of the respondents, reply to the writ petition is submitted. In the reply, the respondents have placed heavy reliance on the memorandum dated 29th of April 1995 and submitted that the same has been upheld by the Hon'ble Apex Court in its verdict dated 10th of December 2009 rendered in Civil Appeal No.782/2004 (State of Rajasthan & Ors. Vs. Mohd. Saleem). It is also stated in the reply that the police services are services of disciplined force and therefore an incumbent involved in an offence involving moral turpitude is not suitable for such services. Categorizing the acquittal of the petitioner by way of compromise not akin to honorable acquittal, the respondents have submitted that the petitioner's case is covered by the memorandum aforesaid and therefore appointment cannot be given and the petition merits dismissal.