ANIL KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Under challenge is the order dated 19/24.7.2017 whereby the petitioner's representation (against his non appointment to the post of Constable (Driver) in District Jhalawar despite his eligibility and merit), made pursuant to the order dated 1.5.2017 in S.B. Civil Writ petition No. 3470/2016 has been rejected for the purported reason of the petitioner suffering criminal prosecution as of the last date of submission of application (i.e. 22.8.2013) for appointment to the post of Constable (Driver). It was held that even though the petitioner was subsequently acquitted in terms of the compromise with the complainants - such acquittal did not tantamount to a clear and honourable acquittal rendering the petitioner suitable for appointment as Constable (Driver).

(2.) The facts necessary for the adjudication of the issue which arises in this petition are that following an advertisement dated 14.7.2013 for appointment under the Rajasthan Police Subordinate Service Rules, 1989 (hereafter 'the Rules of 1989') inter-alia to the post of Constable (Driver) in various districts, the petitioner applied for one such post in District Jhalawar. Clause 9(ix) of the advertisement provided that the suitability of candidates applying for the post of Constable (Driver) inter-alia would be determined in terms of the Circular dated 29.4.1995 issued by the Director General of Police, Rajasthan which had been upheld by the Apex Court in Civil Appeal No. 782/2004 - State of Rajasthan Versus Mohammed Salim and consequently those who suffered prosecution for offences entailing moral turpitude and violent acts and had not been honourably acquitted would not be suitable for appointment.

(3.) The petitioner having been admitted to the processes for recruitment under the Rules of 1989 following his application pursuant to the advertisement dated 14.7.2013, passed the written examination and was also successful in the Physical Standard Test (PST) and Physical Efficiency Test (PET). He found place in the select list for appointment to the post of Constable (Driver) in District Jhalawar. Then as required he furnished a character verification certificate which inter-alia required disclosure of any criminal case lodged against the petitioner. The petitioner in the circumstances disclosed two criminal cases pending against him, one Cr Case No. 94/2013 arising out of FIR No. 123/2013 , Police Station, Khetri, District Jhunjhunu for offences under Section 323, 341 and 451 IPC (all minor in nature as triable by any Magistrate) and the other, Cr. Case No. 343/2012 arising out of FIR No. 211/2012, Police Station, Khetri, District Jhunjhunu lodged by petitioner's wife under Section 498A and 406 IPC - against minor and triable by a Magistrate First Class.