C/SCA/17067/2017 ORDER DATED: 29/07/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 17067 of 2017 ========================================================== JAYDEEPSINH KAIALSHSINH SOLANKI Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR. R.D.KINARIWALA(6146) for the Petitioner(s) No. 1 MR AKASH CHHAYA, AGP for the Respondent(s) No. 1,2 ========================================================== CORAM:HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA Date : 29/07/2025 ORAL ORDER 1. The record indicates that the petitioner had applied for the post of Armed Lok Rakshak in Mehsana district and having been found fit for appointment, the respondent had issued an appointment order. 2. It is the case of the petitioner that notwithstanding the appointment order being issued, the petitioner was not allowed to join his duty on the ground that a criminal case is pending against him. 3. It is the case of the petitioner that as on the date of the order of appointment being issued, a criminal case was pending and the charge-sheet had been filed, but the same was yet to be committed to the Sessions Court for trial. It is therefore, contended that mere filing of a charge-sheet would not disqualify the petitioner from assuming the charge as a Lok Rakshak. C/SCA/17067/2017 ORDER DATED: 29/07/2025 4. The respondents, on the other hand, contend that having regard to the nature of the petitioner’s appointment as a Lok Rakshak, it would be inappropriate to permit him to join the duty when he was facing a criminal proceeding, that too with respect to a grave offence. It is contended that having come to know about the pendency of the criminal case, which was not disclosed by the petitioner, it was felt desirable that the petitioner should not be permitted to assume the duty. 5. In my view, the stand of the respondents in refusing to permit the petitioner to assume duty would have to be upheld since the petitioner has been admittedly facing a criminal case in which the offences alleged are under Section 302 of Indian Penal Code. The act of the respondents in refusing to permit the petitioner to join duty pursuant to the order of appointment would therefore, be sustained. 6. However, it is made clear that in the event, the petitioner is acquitted, it would be appropriate for him to approach the authorities to request them to permit him to assume the duty. 7. Subject to the above, the petition is DISMISSED. Rule is discharged. Sd/- (NSSG,J) OMKAR Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: OMKAR CHHAGANLAL MAHAWAR(HC00201), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 29/07/2025 18:02:14