Pushpendra Singh Bhati, J. - (1.) The petitioner has preferred this writ petition for the following reliefs: "A. by an appropriate writ, order or direction, the verbal refusal of the respondents vide order dated 15.06.2016, 16.06.2016 and 17.06.2016 may kindly be declared illegal, arbitrary and unjust. B. by an appropriate writ, order or direction, the respondents may kindly be directed to allow joining to the petitioner on the post of PTI Grade III at the posting place in pursuance of appointment order dated 04.6.2016 (Annex.3) C. pass any other appropriate order which this Hon'ble Court may deem fit, just and proper in the facts and circumstance of the case in favour of the petitioner. D. Cost of the writ petition be also awarded in favour of the petitioner."
(2.) This Court was pleased to pass interim order on 08.7.2016, which reads as follows : "Heard. It is contended that the petitioner having participated in the examination conducted for appointment to the post of P.T.I. Gr.II and III, was offered appointment by an order dated 04.6.2016. He submitted a character certificate in which it is mentioned that FIR No.92/2004 is pending against him. He is not allowed to join the service. Reliance has been placed upon Rule 12 of the Rajasthan Educational Subordinate Service Rules, 1971 to contend that the appointment cannot be denied on account of pendency of an FIR. Reliance has also been placed upon the judgment rendered in S.B. Civil Writ Petition No. 15215/2011 (Rajesh Kumar v. State of Rajasthan, decided on 09.05.2012) . Issue notice as to why this writ petition be not accepted as prayed. Issue notice of stay application also. The Rule is made returnable within a period of two weeks. Notices when issued, be given 'Dasti' to learned counsel. In the meantime, the respondents may consider and allow the petitioner to join services."
(3.) At the outset, learned counsel for the petitioner made a limited prayer that his representation may be considered in light of the direction given by Hon'ble Apex Court in Avtar Singh v. Union of India and Ors. (Special Leave Petition (C) No.20525/2011 decided on 21.07.2016) , wherein following directions have been passed : "30. We have noticed various decisions and tried to explain and reconcile them as far as possible. In view of aforesaid discussion, we summarize our conclusion thus: (1) Information given to the employer by a candidate as to conviction, acquittal or arrest, or pendency of a criminal case, whether before or after entering into service must be true and there should be no suppression or false mention of required information. (2) While passing order of termination of services or cancellation of candidature for giving false information, the employer may take notice of special circumstances of the case, if any, while giving such information. (3) The employer shall take into consideration the Government orders/instructions/rules, applicable to the employee, at the time of taking the decision. (4) In case there is suppression or false information of involvement in a criminal case where conviction or acquittal had already been recorded before filling of the application/verification form and such fact later comes to knowledge of employer, any of the following recourse appropriate to the case may be adopted:- (a) In a case trivial in nature in which conviction had been recorded, such as shouting slogans at young age or for a petty offence which if disclosed would not have rendered an incumbent unfit for post in question, the employer may, in its discretion, ignore such suppression of fact or false information by condoning the lapse. (b) Where conviction has been recorded in case which is not trivial in nature, employer may cancel candidature or terminate services of the employee. (c) If acquittal had already been recorded in a case involving moral turpitude or offence of heinous/serious nature, on technical ground and it is not a case of clean acquittal, or benefit of reasonable doubt has been given, the employer may consider all relevant facts available as to antecedents, and may take appropriate decision as to the continuance of the employee. (5) In a case where the employee has made declaration truthfully of a concluded criminal case, the employer still has the right to consider antecedents, and cannot be compelled to appoint the candidate. (6) In case when fact has been truthfully declared in character verification form regarding pendency of a criminal case of trivial nature, employer, in facts and circumstances of the case, in its discretion may appoint the candidate subject to decision of such case. (7) In a case of deliberate suppression of fact with respect to multiple pending cases such false information by itself will assume significance and an employer may pass appropriate order cancelling candidature or terminating services as to the candidate at the time of filling the form, still it may have adverse impact and the appointing authority would take decision after considering the seriousness of the crime. (8) If criminal case was pending but not known to the candidate at the time of filling the form, still it may have adverse impact and the appointing authority would take decision after considering the seriousness of the crime. (9) In case the employee is confirmed in service, holding Departmental enquiry would be necessary before passing order of termination/removal or dismissal on the ground of suppression or submitting false information in verification form. (10) For determining suppression or false information attestation/verification form has to be specific, not vague. Only such information which was required to be specifically mentioned has to be disclosed. If information not asked for but is relevant comes to knowledge of the employer the same can be considered in an objective manner while addressing the question of fitness. However, in such case action cannot be taken on basis of suppression or submitting false information as to a fact which was not even asked for. (11) Before a person is held guilty of suppressio veri or suggestio falsi, knowledge of the fact must be attributable to him.";