Mithlesh Kumar Bairwa Vs State Medical and Healthors

“The impugned order dated 13.07.2016 cancelling the appointment/posting of the petitioner on the ground of pendency of the criminal case for offence under Section 498A and 406 IPC may kindly be quashed and set aside and the respondents may be directed to allow the petitioner to join the service on the post of Nurse Grade-II consequent upon his order of appointment dated 10.02.2016 with all consequential benefits in the interest of justice.”

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Learned counsel for petitioner while referring and relying

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upon judgment dated 13.08.2025 in D.B. Special Appeal (Writ) No.971/2022 titled as “Babbal Singh Vs. State of Rajasthan & Ors. submits that the controversy and the issue

[2026:RJ-JP:971]

[CW-11656/2016]

(2 of 3)

raised herein is already settled by a Division Bench of this Hon’ble Court. He further submitted that instant writ petition be disposed of in accordance with aforesaid order.

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Considered the submissions of the learned counsel for the petitioner and also perused the material placed on record. 4. The issue pertains to recruitment on the post of Nurse Grade-II, wherein the petitioner was denied joining after appointment on the ground that he was involved in a criminal case and this fact was clearly mentioned by the petitioner while filling up the application form. 5. A criminal case arising out of FIR no. 22/2016 P.S. Itawa, District Kota (Rural) for offence under Section 498-A and 406 IPC was registered against the petitioner wherein a charge-sheet is filed against him. The document submitted along with application indicate that criminal case no. 197/2016 (CIS no. 36/2016) was decided on 08.04.2021 by learned Judicial Magistrate, Itawa District Kota (Rural) whereby present petitioner was acquitted from charge under Section 406 IPC on the basis of compromise but was acquitted in absence of evidence from charge under Section 498-A IPC. This indicate that the present petitioner was cleanly acquitted by learned Judicial Magistrate in a matter arising out of FIR as registered against him.

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An identical issue was considered by the Division Bench of this Court in the case of DB Special Appeal (Writ) No. 971/2022, Babbal Singh Vs. State of Rajasthan and also in judgment dated 29.08.2005 in DB Special Appeal (Writ) No. 732/2022, Shaitan LaL Kurach Vs. State of Rajasthan and Ors. and other connected matters.

[2026:RJ-JP:971]

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After clean acquittal of the petitioner, from a criminal case he is entitled to be considered for appointment. The respondent no.2 has cancelled the appointment of petitioner on 13.07.2016 merely on the ground that a criminal case under Section 498-A and 406 IPC was registered against the petitioner.

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Considering the material placed on record, the respondents are duty-bound to consider the candidature. Therefore, the writ petition is liable to be disposed of on the basis of the ratio laid down in cases of Shaitan Lal Kurach Vs. State of Rajasthan and Ors. (supra) and Babbal Singh Vs. State of Rajasthan (supra).

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In view of the discussion made hereinabove, the writ petition is hereby partly allowed and the order dated 13.07.2016 (Annexure-R/2) is hereby quashed and set aside. The respondents are directed to re-examine the case of the present petitioner for appointment to the post of Nurse Grade-II, in light of the judgment referred hereinabove. The respondent(s) are directed to give appointment on the post of Nurse Grade-II after examination, if the petitioner is found eligible for appointment on post of Nurse Grade-II with notional benefits as directed by the Division Bench of this Court in aforementioned cases.

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The present writ petition with pending application, if any, stands disposed of.

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No order as to costs.

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(ASHOK KUMAR JAIN),J

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PREETI VALECHA /148

Mithlesh Kumar Bairwa v. State Medical and Healthors

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Mithlesh Kumar Bairwa v. State Medical and Healthors

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