Back
ARUN MONGA
Mohammed Aslam Silawat – Appellant
Versus
State of Rajasthan – Respondent
ORDER (ORAL)
Assailed herein is an order dated 16.09.2024 (Annex.3), vide which, petitioner’s application for appointment on compassionate grounds was rejected solely on account of his conviction by the trial court under Section 323 read with Section 341 of IPC, despite the fact that the trial did not impose any sentence on the petitioner, but merely imposed a fine of Rs. 500/- while extending the benefit of Section 4 of the Probation of Offenders Act.
2. Briefly speaking relevant facts as pleaded in the petition are as follows:-
2.1. The father of the petitioner was serving as an Assistant Administrative Officer at the Government Higher Secondary School in Aasind, District Bhilwara (Rajasthan), until his death on 13.11.2023. Following his father’s demise, the petitioner applied for compassionate appointment to the post of Junior Assistant on 21.12.2023. On 16.09.2024, the respondent No. 1 issued an office order listing individuals appointed on compassionate grounds, along with their respective district allotments. The petitioner’s name appears at Serial No. 11 on the list, with Bhilwara District allotted to him. It is important to note that in 2020, an FIR was registered against t
Benefit of probation – Noble intent of enacting Probation of Offenders Act is recidivism, rehabilitation as well as re-integration of offender into society – Once petitioner was let off on probation ....
The court upheld the denial of compassionate appointment based on the applicant's pending criminal case, emphasizing the necessity of good moral character as per the applicable rules.
The court established that a convict's release on probation should not impede their professional advancement, emphasizing rehabilitation over punishment.
Mere pendency of a criminal case cannot justify the denial of compassionate appointment, particularly when supported by a valid character certificate from a competent authority.
Compassionate appointment cannot be denied solely based on an acquittal involving moral turpitude without considering the evidence and circumstances of the case.
Dependents entitled to compassionate appointment despite deceased employee's abated criminal case and dropped enquiry; presumption of innocence applies, no vicarious disqualification without proven g....
A major penalty's adverse impact on compassionate appointment claims ceases once the penalty is effaced, particularly after a promotion.
Compassionate appointment is not a fundamental right and eligibility is contingent on the absence of criminal proceedings at the time of application.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
