KANWALJIT SINGH AHLUWALIA,J. - (1.) The present petition has been filed under Article 226 of the Constitution of India, praying that the order dated 3.4.2017 passed by the District Education Officer (Secondary), Dausa be set aside, as wrongly reliance was placed upon the circular issued by the Government wherein it was held that at the time of recruitment of the person as an government employee, the employer can reject the claim of a person in case he is involved in offences of cheating and fraud.
(2.) Admittedly, the petitioner was named as accused in case FIR No. 164/2010, registered at Police Station Bandikui, for the offences under Section 420, 467 IPC and Section 43(c) and (G), 65, 66(c) of IT Act, 2000. The petitioner earlier had approached this Court by filing a writ petition, bearing No. SBCWP No. 8380/2016. The said writ petition was disposed of by this Court on 29.11.2016 and this Court had passed the following order:- "The learned counsel for the petitioner has submitted that the petitioner was selected as Physical Trainee Instructor Grade-III. The learned counsel for the petitioner has contended that inspite of issuance of appointment letter, the petitioner is not being permitted to join his services by the respondents on the ground that a criminal case is pending against the petitioner. The learned counsel for the petitioner has submitted that the petitioner is involved in a case, FIR No. 164/2010 registered at Police Station, Bandikui, Dausa, for the offences under Sections 420 and 467 IPC and Sections 43 (C)(G), 65 and 66 (C) of IT Act. The learned counsel for the petitioner contends that mere pendency of the FIR is no ground to decline the service to the petitioner, as no charge-sheet has been filed against the petitioner. Mr. Sanjay Sharma, the learned Government Counsel has submitted that now matter is no longer res integra. Supreme Court in Avtar Singh v. Union of India and Ors. [SLP [C] Nos. 20525 of 2011] , has held that employer can examine the nature of offences committed by considering the relevant record. After hearing the learned counsel for the parties, the present petition is disposed of with the direction to the respondents to pass a reasoned and speaking order in the light of the judgment rendered in the case of Avtar Singh (supra) as to why petitioner cannot be permitted to join his services in pursuance of the appointment letter (Annexure-5) dated 8.6.2016. Needless to say, the respondents shall afford an opportunity of hearing to the petitioner."
(3.) In pursuance of the said order, the respondents on 3.4.2017, have passed a speaking order, wherein it is stated that since the circular has been issued by the Government that those who were involved in the cases of fraud and cheating, they be appointed on the government post.;