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Rajasthan High Court Upholds Cancellation of Patwari Appointment Due to Criminal Convictions

07 May 2024 8:19 AM

By: Admin

In a significant judgment, the Rajasthan High Court in Jodhpur has dismissed a writ petition filed by Ramesh Kumar Meena, challenging the cancellation of his appointment as Patwari in the state’s revenue department. The order, passed on November 21, 2023, by Hon’ble Mr. Justice Kuldeep Mathur, upholds the decision of the respondents to cancel the petitioner’s appointment due to his previous criminal convictions.

Ramesh Kumar Meena, appointed as Patwari following an advertisement dated January 17, 2020, faced the cancellation of his appointment after police verification revealed his past convictions in two criminal cases. Despite being granted probation under the Probation of Offenders Act, 1958, his appointment was revoked based on circulars dated July 15, 2016, and December 4, 2019, issued by the Department of Personnel, Government of Rajasthan.

In his petition, Meena argued that mere conviction should not be grounds for disqualification, referencing the Rajasthan Revenue (Land Records, Settlement and Colonization) Subordinate Service Rules, 1970. He cited Supreme Court judgments in support of his argument. However, the respondents defended their decision, stating that the circulars from the Department of Personnel clearly outlined the ineligibility for government service for candidates with specific offenses.

In delivering the judgment, Justice Kuldeep Mathur referred to the Supreme Court guidelines in the Avtar Singh case regarding the employment of candidates with criminal antecedents. The court observed, “the action of the respondents cannot be faulted on any count,” concluding that the petitioner’s past offenses fell within the prohibited categories as per the government circulars.

This decision reaffirms the employer's right to consider the suitability of a candidate for government service based on government orders, instructions, and rules. It underscores the significance of government guidelines and circulars in determining the eligibility of candidates for public service, especially those with criminal backgrounds.

Ramesh Kumar Meena VS State of Rajasthan

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