Rajasthan High Court Reinstates Differently Abled Sanitation Worker, Sets Key Precedent on Minor Offences
The Rajasthan High Court delivered a significant verdict on Wednesday, reinstating a differently abled sanitation worker and establishing that a government employee cannot face dismissal for offences committed during their minority. A division bench comprising Justice PS Bhati and Justice Sandeep Shah issued this ruling, overturning a previous single bench order that had dismissed the employee's petition for reinstatement.
Court Quashes Termination Based on Juvenile Cases
The case centered on Shravan, a 26-year-old resident of Jorawarpura in Hanumangarh district. Shravan, who has a 70% permanent disability due to dwarfism, secured a position as a sanitation worker with the Rawatsar municipality in July 2018. However, his employment was abruptly terminated in August 2018 after a police verification report revealed four criminal cases registered against him.
Of these cases, Shravan had been convicted in three for gambling charges, while he was acquitted in a fourth case filed under the Excise Act. The municipality used this information as grounds for his dismissal, sparking a legal battle.
Legal Arguments Highlight Minor Status and Trivial Offences
Appearing before the High Court, Shravan's counsel presented a compelling argument. They emphasized that Shravan was a minor at the time all the cited offences occurred. Furthermore, the counsel contended that trivial offences, such as those involved, should not justify the termination of employment, especially for a government post.
The court carefully considered these points, delving into the protections afforded under the Juvenile Justice Act.
High Court's Ruling on Juvenile Justice Protections
In its verdict, the division bench firmly held that minors who have offences and proceedings initiated against them under the Juvenile Justice Act shall not suffer any disqualification in their future employment. The court noted that Shravan was indeed a minor when the offences took place, making him eligible for this legal safeguard.
Additionally, the bench took into account the nature of Shravan's position as a sweeper and his status as a differently abled individual, reinforcing the decision to grant him protection.
Court Orders Reinstatement and Continuous Service
With these observations, the Rajasthan High Court issued clear directives. It ordered the Rawatsar municipality to restore Shravan's appointment as a sanitation worker immediately. The court further mandated that he be treated as being in continuous service, effectively nullifying the termination period and ensuring his employment rights are fully reinstated.
This ruling not only provides justice for Shravan but also sets a crucial precedent for similar cases across the state, highlighting the importance of juvenile justice protections in employment matters.
