Rajasthan High Court - Jodhpur
Mohan Lal vs State Of Rajasthan on 13 January, 2021
Bench: Dinesh Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 9600/2020
Mohan Lal S/o Ratan Lal, Aged About 32 Years, New Khunja,
Ward No.03, Opposite Meena Book Sadan, Hanumangarh
Junction District Hanumangarh.
----Petitioner
Versus
1. State Of Rajasthan, Through Secretary, Department Of
Education (Gr.2), Government Of Rajasthan, Secretariat,
Jaipur.
2. The Director, Secondary Education, Rajasthan, Bikaner.
3. Joint Director, School Education, Pali Division, Pali.
4. The District Education Officer, HQ, Secondary Education,
Sirohi
5. Chief Block Education Officer, Pindwara District Sirohi.
----Respondents
For Petitioner(s) : Mr. S.S. Gaur for Mr. R.S. Choudhary
For Respondent(s) : Mr. Hemant Choudhary, Govt. Counsel
JUSTICE DINESH MEHTA
Judgment
13/01/2021
1. The petitioner was selected on the post of Sr. Teacher
Subject - English and an appointment order dated 28.08.2020
came to be issued in his favour. When the petitioner approached
the respondents to join in furtherance of the appointment order so
issued, he was denied joining by the respondents in wake of
pendency of a criminal case lodged against him.
2. Mr. S.S. Gaur, learned counsel for the petitioner argued that
the respondents' action in not allowing the petitioner to join as Sr.
Teacher is, per se illegal and arbitrary. He submitted that the FIR
(2 of 3) [CW-9600/2020]
No.387/12 registered on 06.07.2020 has been lodged by in-laws
of petitioner's sister, on account of a matrimonial dispute between
petitioner's sister and her husband and he has been implicated
simply with a view to harass him.
3. While maintaining that petitioner has been falsely dragged,
learned counsel for the petitioner argued that even if a criminal
case is pending, the petitioner cannot be denied joining in light of
judgment of Hon'ble the Supreme Court rendered in Avtar Singh
Vs. Union of India & Ors.; 2016 (8) SCC 471.
4. Mr. Gaur further relied upon the judgment of this Court in
Mahendra Singh Rathore Vs. State of Raj. & Ors. (S.B. Civil Writ
Petition No.19152/2018) decided on 11.02.2019 and submitted
that the petitioner is prepared to furnish an identical undertaking
as has been ordered by this Court in Mahendra Singh Rathore's
case (supra).
5. Mr. Hemant Choudhary, learned Govt. counsel, appearing for
the respondents submitted that serious case reflecting upon the
character of the petitioner, is pending trial and having regard to
the fact that the petitioner is alleged to have committed cheating,
he cannot be appointed as a Sr. Teacher in a Govt. School.
6. Heard.
7. I have perused the material available on record, including
FIR No.387/12.
8. Having regard to the allegations levelled in the FIR, this
Court is of the prima facie view that petitioner cannot be denied
entry in the Govt. Service.
9. Following the judgment of this Court in Mahendra Singh
Rathore's case (supra), the present writ petition is allowed.
(3 of 3) [CW-9600/2020]
10. The respondents are directed to give joining to the petitioner
within a period of six weeks from today, subject of course to
furnishing an undertaking to the effect that if he is found guilty,
the respondents will be free to take appropriate action including
cancellation of his appointment, in accordance with law.
11. The petitioner shall be entitled to all consequential notional
benefits from the date of appointment order. Needful be done
within a period of six weeks from today.
12. Stay petition also stands disposed of accordingly.
(DINESH MEHTA),J
15-Ramesh/-
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