Jaipal Chalka S/O Shri Nathu Ram Chalka Vs State of Rajasthan — Rajasthan HC (2025) — LawSathi Research

Jaipal Chalka S/O Shri Nathu Ram Chalka Vs State of Rajasthan — Rajasthan HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal allowed; judgment dated 29.03.2022 of the learned Single Judge set aside; respondent-department directed to grant appointment to the appellant on the post of Constable (General) per recruitment notification dated 25.05.2018; no arrears of salary for the unserved period; all notional benefits including pay-scale, seniority and other consequential benefits; respondents to pass necessary orders within four weeks; no order as to costs; pending application(s) disposed of.

Issue for consideration

Whether the appellant — whose offences under Sections 323 and 451 IPC were compounded and whose alleged offence under Section 324 IPC was found not made out, resulting in acquittal — is entitled to appointment as Constable (General), notwithstanding the judgment dated 29.03.2022 of the learned Single Judge. +1 more

Court's answer

Consistent with its earlier decision in Babbal Singh (D.B. Special Appeal Writ No.971/2022), this Court holds that the acquittal of the appellant — the offence under Section 324 IPC having been found not made out and the offences under Sections 323 and 451 IPC compounded — is a case of clean acquittal, and accordingly allows the appeal.

Ratio / Principle

The judgment dated 29.03.2022 passed by the learned Single Judge is set aside, and the respondent-department is directed to grant appointment to the appellant on the post of Constable (General) pursuant to the recruitment notification dated 25.05.2018.

Key takeaways

The appellant will not be entitled to arrears of salary for the period during which he has not served in the force.ratio¶20
The appellant will be entitled to all notional benefits, including pay-scale, seniority and other consequential benefits.ratio¶20

Detailed headnote1 paragraphs

D.B. Special Appeal Writ No. 610/2022 (Rajasthan HC, Jaipur; decided 09/10/2025) — Jaipal Chalka v. State of Rajasthan: Appellant, selected as Constable (General) pursuant to recruitment notification dated 25.05.2018, faced offences under Sections 451, 323 and 324 IPC; the concerned Court found no offence under Section 324 IPC and compounded the offences under Sections 323 and 451 IPC, resulting in acquittal. Following its decision in Babbal Singh (D.B. Special Appeal Writ No.971/2022, decided 13.08.2025) that acquittal on compromise and non-disclosure of a trivial offence are not fatal to appointment, the Division Bench held this to be a case of clean acquittal, allowed the appeal, and set aside the learned Single Judge's judgment dated 29.03.2022. Appointment to the post of Constable (General) was directed, without arrears of salary for the unserved period, but with all notional benefits (pay-scale, seniority and other consequential benefits); respondents to pass necessary orders within four weeks; no order as to costs.

[2025:RJ-JP:41224-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

D.B. Special Appeal Writ No. 610/2022

Jaipal Chalka S/o Shri Nathu Ram Chalka, Aged About 27 Years, R/o Ward No.13, Village And Post Tiroki Chhoti, Via Ganeri, Distt. Sikar (Rajasthan)

----Appellant

Versus

State Of Rajasthan, Through The Home Secretary, Department Of Home, Secretariat, Jaipur (Raj.)

The Director General Of Police, Police Headquarter, Rajasthan, Jaipur

The Police Commissioner, Commissionerate, Jaipur 13 (Raj)

----Respondents

For Appellant(s)	: Mr.	Akshit Gupta
For Respondent(s)	: Mr.	Samee Khan, AAAG with
	Mr.	Akash Mewara

HON'BLE THE ACTING CHIEF JUSTICE MR. SANJEEV PRAKASH SHARMA HON'BLE MR. JUSTICE BALJINDER SINGH SANDHU

Order

09/10/2025

Both the counsels are ad idem that the issue raised in this petition stands finally adjudicated by this Court in the case of Babbal Singh Vs. State of Rajasthan & Ors. (D.B. Special Appeal Writ No.971/2022) , decided on 13.08.2025, wherein this Court after considering the law as laid down from time to time, held that acquittal on compromise as well as non-disclosure of offence of trivial nature cannot be said to be fatal to deny appointment.

[2025:RJ-JP:41224-DB]

[SAW-610/2022]

(2 of 2)

In the present case too, we find that the offences registered against the appellant-petitioner were under Sections 451, 323 and 324 IPC. The concerned Court found the offence under Section 324 IPC to be not made out and compounded the offences under Sections 323 and 451 IPC, resulting in acquittal of the appellantpetitioner.

It is a case of clean acquittal. We, therefore, allow this appeal. The judgment dated 29.03.2022 passed by learned Single Judge is set aside directing the respondent-department to grant appointment to the appellant-petitioner on the post of Constable (General) for which he was selected pursuant to the recruitment notification dated 25.05.2018. We make it clear that the appellant-petitioner will not be entitled for arrears of salary for the period during which he has not served in the force. However, we direct that the appellant-petitioner will be entitled for all notional benefits including pay-scale, seniority and other consequential benefits. The respondents are directed to pass necessary orders within a period of four weeks from today. There shall be no order as to costs.

Pending application(s), if any, shall also stand disposed of.

(BALJINDER SINGH SANDHU),J (SANJEEV PRAKASH SHARMA),ACTING CJ

N.GANDHI/RAJAT/148