Alok Sharma, J. - (1.) THE petitioner having been selected on the post of Technician -III as a probationer trainee under the order dated 15.5.2015 issued by the Rajasthan Rajya Vidyut Utpadan Nigam Limited (Hereinafter 'the Nigam'), yet unable to join the said post for the reason of a police report dated 1.6.2015 indicating pendency of a criminal case against him, seeks the intervention of this Court and a direction that he be allowed to join on the post of Technician -III with the Nigam.
(2.) THE facts of the case are that the Nigam invited applications for appointment as Technician -III. The petitioner on application made was admitted to the examination, passed it successfully and was required to appear for interview on 15.4.2015 before the Selection Committee for verification of his original documents as to his eligibility. He was also required to submit a declaration in the format prescribed that no criminal case was pending against him in any Court and he had not been convicted. If convicted or any criminal case was pending against the petitioner, details thereof was required to be mentioned in the declaration. The petitioner states to have filed the requisite declaration dated 13.4.2015 disclosing that a criminal case No. 129/2007 was pending against him in the Court of Civil Judge (Jr. Division) South, Kota City under sections 323 and 341 IPC and appeared at the interview for document verification on 15.4.2015. Found eligible and meritorious, vide order dated 15.5.2015 the petitioner was appointed on the post of Technician -III as a probationer trainee for a period of two years subject to terms and conditions set out. Clause 15 of the letter of appointment dated 15.5.2015 provided that it was subject to production of a character certificate and the probationer trainee would be required to produce antecedents / verification report issued from the Superintendent of police of the concerned District where he resided failing which the appointment order would stand automatically cancelled without any further notice / information. Under condition No. 17 the antecedents of the selected candidates could also be got verified from the Police by the Nigam and in case of doubtful or unsatisfactory character, the appointment terminated without notice. Condition No. 19(j) of the letter of appointment dated 15.5.2015 which required a self attested affidavit from the selected candidate that no criminal case was pending against him/her and that he had not been convicted in any criminal case.
(3.) THE petitioner sought a verification of his character from the Superintendent of Police, Kota City as required by Clause 15 of the letter of appointment dated 15.5.2015. Vide verification report dated 1.6.2015 the Superintendent of Police, Kota City, indicated that the petitioner was facing a criminal case No. 1/2007 for the offence under sections 341, 323, 324, 326, 308 IPC and 4/25 of the Arms Act and was under trial. The petitioner in the circumstances first apparently requested the Joint Director (P&A) of the Nigam to allow him to join on the said post. On the same day, possibly better advised but in circumstances not clear, the petitioner requested the Joint Director (P&A) of the Nigam to extend his joining time clearly hoping to have the pending criminal case relating to offences alleged (owing to a domestic altercation between cousins) triable by a Magistrate, sorted out. On 5.6.2015 the Joint Director (P&A) of the Nigam allowed the petitioner joining time upto 6.7.2015.;