PURAN DAN RATNU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The prayer in the present writ petition is for quashing of the Order dated 11.11.2016 vide which the representation of the petitioner moved in pursuance to the directions of this Court has been rejected with a further prayer to direct the respondents to consider the case of the petitioner for appointment on the post of Constable as per his merit.

(2.) This is second round of litigation. The earlier writ petition filed by the petitioner bearing S.B. Civil Writ Petition No. 9401/2016 was disposed of vide Order dated 20.10.2016. A perusal of the said order shows that a specific direction was issued to the respondents to decide the representation of the petitioner by passing a speaking order after taking into consideration the judgments rendered by the Apex Court in the case of Avtar Singh Vs. Union of India, 2016 8 SCC 471 as also Division Bench of this Court in the case of Bhuta Ram Vs. The State of Rajasthan & ors. (D.B. Civil Special Appeal (Writ) No. 442/2016) decided on 08.08.2016. The said representation has been decided vide impugned Order dated 11.11.2016. It is evident from the impugned order that the same is neither a speaking order and nor there is mention of the judgment rendered in the case of Avtar Singh , which shows that neither the pleas of the petitioner and nor the said judgment was taken into consideration, so much so, even the order passed is not a speaking order. No finding has been recorded as to whether the offence is trivial in nature or not.

(3.) For proper adjudication, the relevant portion of the judgment rendered in the case of Avtar Singh is reproduced below :-