Kalu Ram S/o Shri Shyam Lal Vs State of Rajasthan (Rajasthan High Court)
The Rajasthan High Court allowed the writ petition challenging the order dated 27.10.2025 cancelling the petitioner’s appointment as Animal Attendant solely because criminal proceedings arising from FIR No. 119/2019, registered at Police Station Rawla, District Sri Ganganagar, under Sections 498A, 143 and 323 of the Indian Penal Code, 1860, were pending.
The petitioner had been selected and appointed as Animal Attendant through appointment letter dated 23.09.2025 issued by the Staff Selection Board, Rajasthan, Jaipur. He had also submitted a police verification certificate dated 17.10.2025 and a personal declaration dated 13.04.2025, both disclosing the pendency of the criminal case. His counsel therefore contended that there was no concealment or non-disclosure and that mere registration or pendency of a criminal case was insufficient to cancel the appointment.
The respondents relied upon the Department of Personnel Circular dated 04.12.2019, particularly Clauses 1(V) and 1(VII), concerning character verification and appointment of persons against whom criminal proceedings were pending for specified offences, including Section 498A of the Indian Penal Code, 1860. It was also submitted that the pending proceedings amounted to moral turpitude.
The Court held that mere pendency of a criminal case did not warrant cancellation of the petitioner’s appointment, particularly when the petitioner had fully disclosed the criminal proceedings at the outset. The Court relied upon its earlier decision in Amrit Pal v State of Rajasthan & Ors., which held that mere pendency of criminal proceedings under Section 498A was not a ground for cancellation of appointment, and Rahul Khatri v State of Rajasthan & Anr., which held that pendency of criminal proceedings did not amount to moral turpitude without a conclusive finding of facts or criminal culpability.
