Court Directs Appointment of Petitioner Despite Minor Conviction Under Rajasthan Public Gambling Ordinance
In a landmark decision, the Rajasthan High Court has ruled in favor of Virendra Singh, setting aside an earlier order that denied him a compassionate appointment due to a minor conviction under the Rajasthan Public Gambling Ordinance, 1949. The judgment, delivered by Justice Kuldeep Mathur, emphasizes the need for discretion in such cases, asserting that convictions for offences not involving moral turpitude or violence should not automatically disqualify candidates from government appointments.
Virendra Singh, whose father was a government servant, applied for a compassionate appointment following his father's untimely demise in 2024. Initially approved for the post of "Sahayak Karamchari" in February 2025, Singh's appointment was later rescinded after a police verification revealed a 2011 conviction for which he was fined a nominal amount of Rs. 100/-.
The court highlighted that the denial of appointment based on such a petty offence was arbitrary, especially since the offence did not constitute moral turpitude. This stance aligns with previous judgments, including the Supreme Court ruling in "Pawan Kumar v. State of Haryana" and a similar case "Alok Garg v. State of Rajasthan," where it was held that minor offences do not amount to moral turpitude.
Justice Mathur criticized the mechanical application of rules without considering the nature of the offence, asserting that the appointing authority must exercise thoughtful discretion. Consequently, the court directed the respondents to reinstate Singh's appointment with notional benefits, reinforcing the principle of fair opportunity over punitive measures for minor past offences.
Bottom line:-
Compassionate appointment cannot be denied solely on the ground of conviction for a petty offence under the Rajasthan Public Gambling Ordinance, 1949, which does not involve moral turpitude or violence.
Statutory provision(s): Rajasthan Public Gambling Ordinance, 1949, Article 226 of the Constitution of India, Rajasthan Compassionate Appointment of Dependents of Deceased Government Servants Rules, 1996.
Virendra Singh v. State of Rajasthan, (Rajasthan) : Law Finder Doc id # 2928147
