TARA CHAND MEENA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) - By this writ petition, a challenge is made to the order dated 27th Aug., 2013, by which, the petitioner has been denied appointment on the post of Constable (Driver). It was on account of suppression of fact about criminal case and conviction therein.

(2.) Learned counsel for the petitioner submits that an advertisement was issued by the respondents on 14th July, 2013 to invite applications for the various posts, which includes, the post of Constable (Driver). The petitioner applied for the post and remained successful in the written examination. He was called for the physical test and remained successful therein also. The petitioner was thereupon called for the running test followed by the select list where name of the petitioner appear at item No. 6. In view of the higher merit position of the petitioner against 812 posts of the Constable (Driver), he was sure to get appointment but was shocked on denial of appointment. The impugned order dated 27th Aug., 2015 gives reasons for rejection of the candidature. The petitioner has suppressed the fact about pendency of the criminal case and conviction therein.

(3.) Learned counsel submits that petitioner was acquitted in the criminal case vide order dated 20th March, 2015 and against the said order, appeal was also dismissed. The FIR bearing No. 75/2011 was lodged on 07th April, 2011. The Prosecution conducted investigation and did not find petitioner's involvement therein, thus charge sheet against the petitioner was not filed. The cognizance of offence against the petitioner was taken on an application under Sec. 319 Crimial P.C. The case was then tried against the petitioner and finally, he was given benefit of Sec. 4 & 12 of Probation of Offenders Act, 1958 (for short 'Act of 1958'). In the background aforesaid, conviction of the petitioner should not have been taken adverse for denial of the appointment. The prayer is set aside the impugned order with a direction for appointment of the petitioner on the post of Constable (Driver).