Single Judge approved appointment of juvenile appellant despite criminal FIR. High Court allowed appeal, dismissing challenge and confirming order directing appellant to permit respondent to join duty.
Appellant directed to permit appellant to join duty in furtherance of letter of appointment issued on 16.08.2016.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Spl. Appl. Writ No. 1337/2018
----Appellants Versus
Nirmal Kumar Vishnoi S/o Shri Gouri Shankar Vishoi, Aged About 23 Years, Love Kush Vyayamshala, Ward No-7, Jawahar Nagar, Bhilwara.
----Respondent
For Appellant(s) : Mr. M.R. Pareek.
HON'BLE THE CHIEF JUSTICE MR. PRADEEP NANDRAJOG HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
04/09/2018
(2 of 3)
[SAW-1337/2018]
respondent was an accused in an F.I.R. for offences punishable under Sections 147, 149, 301, 323, 324, 325, and 307 IPC. As per the respondent he was a juvenile on the date when the incident took place and he was facing trial before the Juvenile Court.
(3 of 3)
[SAW-1337/2018]
integration of children in conflict with law we are of the opinion that excluding a juvenile for Society would breed further criminality in the juvenile. Thus the facts of the instant case warrant an affirmation of the view taken by the learned Single Judge.
Ashutosh
3 issues framed by the court
Whether an appeal against the restoration of appointment of a juvenile appellant to employment should be dismissed.
Whether the dismissal of the appeal is warranted considering Section 19 of the Juvenile Justice Act, 2015.
Whether character verification can be used to disqualify a juvenile based on criminal conviction.
Colour shows how this judgement treated each authority
Avtar Singh Vs. Union of IndiaFollowed¶4
2016 (8) SCC 471 · Who else cites this
1 provisions across 1 enactments
Nirmal Kumar Vishnoi
Employees' State Insurance Corporation
Pradeep Nandrajog
Pushpendra Singh Bhati
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
