HANUMAN GURJAR Vs. STATE OF RAJASTHAN
LAWS(RAJ)-2019-3-24
HIGH COURT OF RAJASTHAN
Decided on March 12,2019

Hanuman Gurjar Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

ALOK SHARMA, J. - (1.) March 12th 2019 All the three petitions entail determination of the issue as to whether in the facts of the respective cases, despite selection as Constables under the Rajasthan Police Subordinate Service Rules, 1989 (hereafter 'the Rules of 1989') pursuant to the advertisement dated 25.5.2018, the petitioners can be denied appointment on the ground of unsuitability despite the fact that even though they were alleged to be involved in offences of petty nature, but acquitted therein prior to or before the completion of the selection process.
(2.) The facts relevant to the three petitions are as under: (i) The petitioner Hanuman Gurjar (S.B. Civil Writ Petition No. 890/2019) prior to commencement of the selection process for the post of Constable under the advertisement dated 25.5.2018 suffered FIR No. 352/2015 registered at Police Station Todaraisingh, District Tonk was charged sheeted thereon before the Court of ACJM, Todaraisingh for the offences under Section 341, 323, 325, 34 IPC. Put to trial, based on a compromise entered into between the complainant and the accused on 11.2.2017, the petitioner Hanuman Gurjar was acquitted on 6.7.2017. (ii) The petitioner Rajesh Kumar Meena (S.B. Civil Writ Petition No. 962/2019) prior to completion of the selection process for the post of Constable under the advertisement dated 25.5.2018 was named in FIR No. 149/2016 registered at Police Station Bagar, District Jhunjhunu and following investigation was charged sheeted before the Court of CJM, Jhunjhunu for the offences under Section 341, 323, 325, 34 IPC. Based on a compromise entered into between the complainant and the accused on 25.9.2018, the petitioner Rajesh Kumar Meena was acquitted on 25.10.2018 i.e. prior to the completion of the selection process pursuant to the advertisement dated 25.5.2018. (iii) Likewise, the petitioner Manish Kumar Dubey (S.B. Civil Writ Petition No. 27941/2018) prior to commencement of the selection process for the post of Constable under the advertisement dated 25.5.2018 was also named in FIR No. 73/2018 registered at Police Station Kumher, District Bharatpur and was after investigation charged sheeted before the Court of ACJM, Kumher for the offences under Section 323, 341, 324 IPC. Based on a compromise entered into between the complainant and the accused, the petitioner Manish Kumar Dubey was first acquitted of offences under Section 323, 341 IPC and thereafter for the offence under Section 324 IPC on 11.4.2018 i.e. prior to the commencement of the selection process pursuant to the advertisement dated 25.5.2018.
(3.) Admittedly all the three petitioners were selected for the post of Constable (General), Constable (Band) and Constable (General) in Districts Kota, Alwar and Karauli respectively. Despite being in the select list, they were however not appointed. Vide impugned orders dated 19.11.2018, 21.11.2018 and 27.11.2018 respectively purportedly in view of the Circular dated 28.3.2017. They have been informed of being denied appointment in view of their alleged unacceptable antecedents entailing from their criminal prosecution - no matter that the offences were petty in nature and their acquittal therein.;


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