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Judgments of Supreme Court of India and High Courts

Bhagirath Chuyal vs Rrvpnl Jaipur & Ors on 3 May, 2017

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 2549/2015

Bhagirath Chuyal S/o Shri Asha Ram Chuyal, Aged 36 years,
resident of infront street of Shri Vishwakarma Mandir, Pugal Road,
Bikaner-334 004.
—-Petitioner
Versus
1 Rajasthan Rajya Vidyut Prasaran Nigam Limited through
Managing Director, Vidhyut Bhawan, Janpath, Jyoti Nagar,
Jaipur.
2. The Secretary (Admn.), Rajasthan Rajya Vidhyut Prasaran
Nigam Limited Vidhyut Bhawan, Janpath, Jyoti Nagar, Jaipur.
3. Jodhpur Vidhyut Vitran Nigam Limited through Managing
Director, New Power House, Jodhpur.
4. Kishore Swami S/o Shri Gauri Shankar Swami, Village
Gomatia, Post-Bandhanau, Tehsil Sardarshahar, Churu.
—-Respondents
__
For Petitioner(s) : Mr.B.K.Vyas, Advocate
For Respondent(s) : Mr.S.K.Vyas and Mr.H.S.Gaur, Advocate
__
HON’BLE MS. JUSTICE NIRMALJIT KAUR
Order
03/05/2017

The prayer in the present petition is to give the appointment

to the petitioner on the post of Junior Accountant from the date

his immediate lower meritorious respondent No.4 was appointed,

with all consequential benefits.

The petitioner had applied in pursuance to the advertisement

Annexure-1 for the post of Junior Accountant. The petitioner being

eligible in all respect was allowed to participate in the selection

process. His name was found mention in the merit list at serial
(2 of 4)
[CW-2549/2015]

No.53 as per the revised merit list dated 14.02.2015. However, he

was not issued any appointment order, whereas, the persons

junior to him were given appointment.

Reply has been filed. As per the reply, the petitioner was

involved in two criminal cases for the offence under Sections

498A, 406 323 of the IPC and another under Section 420 of the

IPC.

Rejoinder has been filed. As per the rejoinder, the petitioner

was selected previously in the same Department. His services

were terminated on the ground that he did not disclose the fact of

FIR under Sections 498A, 406 and 323 of the IPC having been

registered against him. Hence, the second FIR under Section 420

of the IPC was registered by the Department for not disclosing the

pendency of the criminal case. Thereafter, the petitioner applied

afresh against the fresh advertisement. This time, the petitioner

had not concealed any fact and had brought the fact about the

two above cases to the notice of the respondent-Authority. In any

case, the petitioner has since been acquitted of the charges under

Section 498A 406 of the IPC.

The Apex Court in the case of Avtar Singh Vs. Union of

India ors. (Special Leave Petition [C] No. 20525/2011)

decided on 21.07.2016 has specifically held as under :-

“(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.
(3 of 4)
[CW-2549/2015]

(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.”

Secondly, the petitioner has been denied appointment on the

ground that two criminal cases are pending against him.

Admittedly, the petitioner has since been acquitted of the charges

under Sections 498A 406 of the IPC and another case under

Section 420 of the IPC was registered against him by the

Department itself.

In the case of Ashok Kumar Vs. State of Rajasthan

Ors. (S.B. Civil Writ Petition No. 1603/2011) decided on

27.08.2012, the Jaipur Bench of this Court has observed that

criminal case arising out of the matrimonial dispute is not a case

of moral turpitude and denial of appointment on the ground of

pendency of such case should not come in the way of the

petitioner.

It is evident that the judgments rendered by the Apex Court

in the case of Avtar Singh (supra) as well as Jaipur Bench of this

Court in the case of Ashok Kumar (supra) were not before the

authorities at the time when the order rejecting the candidature of

the petitioner for appointment was passed.
(4 of 4)
[CW-2549/2015]

In view of the judgment rendered by the Division Bench of

this Court in the case of Bhuta Ram Vs. The State of Rajasthan

ors. (D.B. Civil Special Appeal [Writ] No. 442/2016)

decided on 08.08.2016 as well as judgments rendered in the

case of Avtar Singh (supra) and Ashok Kumar (supra), this Court

deems it proper to remand the matter to the competent authority

in this case for passing the fresh appropriate order with regard to

the candidature of the petitioner for appointment on the post of

Junior Accountant within three months from today.

The writ petition stands disposed of in the above terms.

(NIRMALJIT KAUR), J.

NK/39

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