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Convicted person cannot seek writ of mandamus for consideration of his / her case for appointment: Chhattisgarh High Court

Once the petitioner has been convicted for criminal offences and he has been awarded jail sentence and fine sentence also, a writ of mandamus cannot be issued to the authorities to consider his case for appointment on the post of Constable (GD) has been upheld by the High Court of Chhattisgarh through a single bench led by HON’BLE SHRI JUSTICE SANJAY S. AGARWAL in the case of Subhash Chandra v. State of Chhattisgarh (Writ Petition No.616 of 2022).

Brief facts of the case are that petitioner participated in recruitment process initiated for the post of Constable (GD & driver) and he has been selected after passing all tests including medical test, but respondent, Superintendent of Police, Rajnandgaon, has declined to issue order of appointment in favour of the petitioner on the ground that criminal case is pending against him.

It is admitted position on record that the petitioner has been convicted for offences under Sections 279 & 304A of the Indian Panel Code and appeal against that order is pending consideration before the jurisdictional appellate Court. The petitioner stated that his substantive jail sentence has been suspended and therefore, he is entitled to be appointed on the post of Constable (GD).

The respondents placed reliance on State of West Bengal and others v. SK. Nazrul Islam and Commissioner of Police, New Delhi and another v. Mehar Singh contended that since the petitioner has been convicted for offences and jail sentence has been imposed for one year for offence under Section 304A of the IPC and six months for offence under Section 279 of the IPC and fine has also been imposed and appeal is pending consideration before the appellate Court, therefore, no mandamus can be issued for issuance of appointment order.

The Court decided in favour of respondents and dismissed the petition.

Judgement reviewed by- Akshat Jaithlia

 

Click here for the Judgment

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