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2025 DAILYLAW 41131 (RAJ)

BRIJESH KUMAR S/O SHRI ATAR SINGH v. UNION OF INDIA

CW/12543/2025 · 2025-08-26

Anand Sharma

Transfer Petitionbody2025

Judgment text

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[2025:RJ-JP:33755] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 12543/2025 Brijesh Kumar S/o Shri Atar Singh, Aged About 25 Years, Resident Of Village And Post Hathaini, Tehsil And District Bharatpur (Raj.) ----Petitioner Versus 1. Union Of India, Through The Secretary, Ministry Of Home Affairs, North Block New Delhi- 110001. 2. The Inspector General Of Police, Rajasthan Sector, Crpf, Jaipur. 3. The Deputy Inspector General Of Police, Group Centre-1, Crpf Golf Ground, Ajmer, Rajasthan. ----Respondents For Petitioner(s) : Mr. Tanveer Ahamad For Respondent(s) : Mr. C.S. Sinha CGPC with Mr. Mayank Kamwar HON'BLE MR. JUSTICE ANAND SHARMA Order 26/08/2025 1. Learned counsel for the petitioner submits that although the petitioner was selected on the Post of Constable Motor Mechanic Vehicle in CRPF, however, only on account of pendency of one criminal case, his candidature was rejected vide order dated 02.05.2025. 2. Learned counsel for the petitioner further submits that thereafter, the petitioner has been acquitted vide judgment dated 04.06.2025 and after acquittal from all the charges leveled against him in the criminal case, the petitioner has got right to be [2025:RJ-JP:33755] (2 of 2) [CW-12543/2025] reconsidered. However, the respondents are not reconsidering the order of rejection of appointment proposal of the petitioner. 3. Issue notices to the respondents. 4. Mr. C.S. Sinha accepts notice on behalf of respondents. 5. In the light of the facts mentioned hereinabove where, the judgment of acquittal has been delivered subsequent to rejection of proposal of appointment only on the ground of pendency of criminal case, as also in the light of judgment of Hon’ble Supreme Court in the case of Avtar Singh Vs. Union of India & Ors. reported in 2016 (8) SCC 471, the respondents are directed to reconsider the case of the petitioner and to pass a speaking order in accordance with law within a period of 2 months from the date of receipt of certified copy of this order. 6. The writ petition stand disposed of with above direction. (ANAND SHARMA),J NEERU/9