JAIPAL CHALKA S/O SHRI NATHU RAM CHALKA v. STATE OF RAJASTHAN
SAW/610/2022 · 2025-10-09
Baljinder Singh Sandhu, Sanjeev Prakash Sharma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 41294 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 41294 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[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
1. State Of Rajasthan, Through The Home Secretary, Department Of Home, Secretariat, Jaipur (Raj.)
2. The Director General Of Police, Police Headquarter, Rajasthan, Jaipur
3. 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
1. 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] (2 of 2) [SAW-610/2022]
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 appellant- petitioner.
3. 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.
4. Pending application(s), if any, shall also stand disposed of.
(BALJINDER SINGH SANDHU),J (SANJEEV PRAKASH SHARMA),ACTING CJ N.GANDHI/RAJAT/148