Allow Cookies!
By using our website, you agree to the use of cookies
The 2013 case pertaining denial of appointment Rajasthan Police in-spite of selection was ordered by the Rajasthan HC. The case where a police aspirant was selected for the appointment as Constable in Rajasthan Police was denied appointment basis FIR 133/2013 against him. The FIR so registered was done under Section 323, 341 & 143 of IPC. The FIR was result of an inter-se-dispute of the extended family members.
Justice Alok Sharmain his order on 3rdDecember 2018 made it clear that FIR relating to family dispute cannot bring anyone under the term moral turpitude. The court also said that the same fact had already been disclosed by the petitioner it the application form for the same. The court also said that this FIR against the petitioner cannot nip carer in police force.
The court in its order referred to judgement of Saurabh Singh v/s State of Rajasthan where it held that petty criminal case without moral turpitude registered in FIR which has been disclosed in the application form by the candidate cannot stop his selection in the department.
The petitioner referred to Para 9(viii) of the advertisement along with Rule 13 of the Rules of 1989, provided that convictions based on moral turpitudes would render a person unsuitable for appointment as constable.
The court mentioned that mere allegations for offenses under Section 323, 341, and 143 IPC against the petitioner cannot term petitioner under moral turpitude. Court also said that these offenses were petty in nature, bailable and were triable by Magistrate. The court also said these offenses do not exhibit baseness vileness or depravity of the character of the petitioner.
The court directing the respondent said, the respondents to consider the petitioner's case for appointment as Constable basis his merit. The court gave timeline of 8 weeks for enforcement of such order from the date of receipt of certified copy of this order.
86540
103860
630
114
59824