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aatma   20 May 2010

Now Taste the 498A Fruit!

Lawyer gets another shot at magistrate’s post

Hindustan Times, 20 May 2010

https://www.hindustantimes.com/Lawyer-gets-another-shot-at-magistrate-s-post/Article1-545970.aspx

 

A lawyer who was denied a job as a magistrate as he had a dowry harassment case pending against him may get a second chance, courtesy the Bombay High Court.

The High Court directed the state government to consider appointing Khamgaon-based lawyer Satyanarayan Sharma (33) as a Judicial Magistrate First Class as he had been acquitted in the case.

Sharma was selected as magistrate by the Maharashtra Public Service Commission but was later told by the government that he was found unfit for the post in view of an adverse character verification report.

Sharma was selected by the MPSC despite disclosing in the job application that there was a case pending against him.

Therefore he had moved the high court after receiving the letter denying him appointment.

 His lawyer A.V. Bhide contended that Sharma was not found guilty at any point of time and, therefore, could not have been disqualified. The counsel also contended that under the present rules the MPSC selection committee alone could have ruled on the suitability of a candidate.

The division bench of Justice S.A. Bobde and Justice P.D. Kode directed the state government to reconsider Sharma’s case as he had been acquitted and also as new rules specifically disqualify only those candidates convicted of offences involving moral turpitude.

Sharma can make a representation to the state government, which should decide on matter within three months of getting it, the court ruled.



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