PRABHUDAYAL VISHNOI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner herein has filed the present writ petition aggrieved by the refusal of the respondent Police Department to offer him appointment as Constable despite he being selected in the selection process for the year 2010 by passing the written test and physical fitness test, on the ground that upon verification of his antecedents, it was found by the respondent Superintendent of Police, Jodhpur, that the petitioner was involved in a criminal case under Section 142, 432, 379 r/w Section 149 of the Indian Penal Code and in the trial held by the competent court in Criminal Case No.509/2005 even though all the six accused persons were acquitted upon a compromise between the parties, the petitioner had not disclosed this fact in the Character Verification form even though the petitioner had so disclosed this fact in his initial application for the said job.

(2.) THE writ petition has been filed on 14.12.2011 with the following prayers: -

(3.) DRAWING the attention of the Court towards Rule 13 of the Rajasthan Police Subordinate Services Rules, 1989, (1989 Rules, for short), learned counsel for the petitioner also submitted that even a conviction by a Court of Law need not by itself involve the refusal of a certificate of good character under the said Rule 13 and unless the offence in which the petitioner was involved, displays moral turpitude, such a candidate cannot be refused appointment under Rule 13 of the 1989 Rules. The Rule 13 of the 1989 Rules, is quoted herein below for ready reference: -