Since the charges against the respondent writ petitioner in the pending criminal case pertain to grave offence of moral turpitude, the circular/instructions dated 15.07.2016 and 04.12.2019 issued by the Department of Personnel, Government of Rajasthan clearly operate against him and hence, he cannot be employed in Government Service. There is no merit in the contention that the trial has not resulted in conviction. As per the guidelines laid down in the case of Avtar Singh (supra), the employer is entitled to take into consideration the Government orders/instructions/rules applicable to the employee, at the time of taking the decision. Even if, the employee has been acquitted in a case involving offence of moral turpitude or an offence of heinous/ serious nature on technical ground, the employer can still take a decision to take appropriate action for continuation of the employee in service. In the case at hand, the Government instructions, referred to supra, clearly prohibit the entry into Government service of an individual who is involved in an offence of moral turpitude. Indisputably, the trial for the offence punishable under Section 8/18 of the NDPS Act is pending against the respondent and hence, he is having such criminal antecedents which dis-entitled him to be appointed as a Teacher.
