RAJESH SUMAN Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) THE petitioner having been selected on the post of Technician -III as a probationer trainee under the order dated 15.5.2015 issued by the Rajasthan Rajya Vidyut Utpadan Nigam Limited (Hereinafter 'the Nigam'), yet unable to join the said post for the reason of a police report dated 1.6.2015 indicating pendency of a criminal case against him, seeks the intervention of this Court and a direction that he be allowed to join on the post of Technician -III with the Nigam.

(2.) THE facts of the case are that the Nigam invited applications for appointment as Technician -III. The petitioner on application made was admitted to the examination, passed it successfully and was required to appear for interview on 15.4.2015 before the Selection Committee for verification of his original documents as to his eligibility. He was also required to submit a declaration in the format prescribed that no criminal case was pending against him in any Court and he had not been convicted. If convicted or any criminal case was pending against the petitioner, details thereof was required to be mentioned in the declaration.

(3.) THE petitioner sought a verification of his character from the Superintendent of Police, Kota City as required by Clause 15 of the letter of appointment dated 15.5.2015. Vide verification report dated 1.6.2015 the Superintendent of Police, Kota City, indicated that the petitioner was facing a criminal case No. 1/2007 for the offence under sections 341, 323, 324, 326, 308 IPC and 4/25 of the Arms Act and was under trial. The petitioner in the circumstances first apparently requested the Joint Director (P&A) of the Nigam to allow him to join on the said post. On the same day, possibly better advised but in circumstances not clear, the petitioner requested the Joint Director (P&A) of the Nigam to extend his joining time clearly hoping to have the pending criminal case relating to offences alleged (owing to a domestic altercation between cousins) triable by a Magistrate, sorted out. On 5.6.2015 the Joint Director (P&A) of the Nigam allowed the petitioner joining time upto 6.7.2015.