Abhishek Vishnoi Vs State of Rajasthan (Rajasthan High Court)
The Rajasthan High Court allowed the writ petition filed by Abhishek Vishnoi challenging the decision of the Committee dated 03.10.2023 (Annex. R/2), whereby his appointment as a Sub-Inspector of Police had been withheld for a period of three years on account of the pendency of a criminal case arising from a matrimonial dispute.
The petitioner had applied for the post of Sub-Inspector when no FIR was pending against him. During the selection process, his wife lodged a police complaint, resulting in registration of FIR No. 71/2022 dated 20.03.2022 at Mahila Police Thana, Jodhpur, for offences under Sections 498-A, 406 and 323 of the Indian Penal Code. After investigation, a charge-sheet dated 06.06.2022 was filed and the trial remained pending before the competent Court.
The petitioner contended that the FIR was only an allegation and did not constitute a finding of guilt. He further submitted that the matrimonial offences had no connection with the discharge of his duties as a Sub-Inspector and could not, in the circumstances, be treated as involving moral turpitude. The petitioner relied upon the decision in Mukesh Kumar vs. State of Rajasthan & Ors., reported in 2016 (3) WLC 345, where appointment was directed despite pendency of a criminal case, subject to a condition concerning conviction.
