ASOPA, J. - (1.) By this writ petition, the petitioner is seeking an appropriate writ, order or direction to the respondents to allow him to join duties in pursuance to the appointment order dated 12.9.2008 (Anx. 8) on the post of General Nurse Midwife (for short GNM) inter alia on the ground that the denial of joining on the said post on account of pendency of criminal case is contrary to the rules.
(2.) Briefly stated the facts of the case are that the petitioner was called for counseling with reference to his application for appointment on the post of GNM on 11.8.2008 before the Chief Medical and Health Officer, Baran along with all original documents. After the counseling, the petitioner was selected on the post of GNM in National Rural Health Mission (NRHM) and offer of appointment was given on 12.9.2008 to join duties up to 29.9.2008 after completion of the formalities as mentioned in the order. At the time of joining, the petitioner was required to submit the police verification/character verification and the medical certificate. In the police verification, it has been reported by the Supdt. of Police Kota Rural that FIR No. 475/2000 was registered against the petitioner for the offences u/S. 452 and 323 IPC at Police Station Mahaveer Nagar, Kota and the charge sheet No. 478 has also been filed on 30.12.2000.
(3.) The State has filed reply and submitted that the respondents are within their right to deny appointment to the petitioner on account of the pendency of criminal case and has filed letter dated 25.9.2008 for denying appointment to the petitioner.;