STATE OF RAJASTHAN Vs. SHIV PURI

JUDGEMENT

(1.) Issue notice. Mr. Vinay Jain, learned counsel appearing on behalf of the respondent accepts notice. With consent of counsel for both parties, the appeal was heard finally.

(2.) The state of Rajasthan appeals the decision of a learned single judge, who directed the appointment of the respondent (i.e. a candidate for a post in the Rajasthan Prosecution Subordinate Service, hereafter called "the petitioner"), overruling the contention that he had been held guilty and convicted for offences punishable under Section 307, Indian Penal Code (IPC).

(3.) The facts of the case are that the petitioner applied as a candidate for one of the 272 posts advertised in the Rajasthan Prosecution Subordinate Service Rules and was selected pursuant to a public recruitment process. He was ranked at 68th position in the merit list. Earlier, he had been charged for commission of crimes punishable under Sections 307, 326,324, 323 read with Section 148, IPC pursuant to information lodged with the police authorities on 31-05-1999. He and other co-accused stood trial. The petitioner and one Sohan Puri were convicted for committing the offence punishable under Section 307 IPC, on 26-11-2005. The petitioner was sentenced to undergo five years' rigorous imprisonment. He filed an appeal before this court; in that, the sentence imposed on the petitioner was suspended by order dated 12-12-2005.