Point of Law: Court cannot refrain from observing that enough injustice has been done to the departed soul and his family.

ORDER :

1. By way of instant writ petition, the petitioner has challenged the action of the respondent-State which has refused to consider petitioner’s case for compassionate appointment.

2. Though, no formal order of rejection has been passed on petitioner’s application seeking appointment under the Rajasthan Compassionate Appointment of Dependents of Deceased Government Servants Rules, 1996 (hereinafter referred to as “the Rules of 1996”), but since the respondents have orally refused to give appointment to him as his father was facing suspension, when he died, the petitioner has to knock the door of this Court.

3. The facts apropos are that petitioner’s father – Late Amar Singh Saini was working as Teacher Grade-III in the respondent-Department.

4. During the course of his employment, a criminal case was registered against him for which he remained behind bars and was placed under suspension on 04.10.1994 under Rule 13(1) of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 (hereinafter referred to as “the Rules of 1958”).

5. Suspension of said Amar Singh continued till he passed away on 20.01.2020.

6. As per the record, when said Amar Singh passed away, his age was 56 years.

7. It is noteworthy that by way of memorandum of charges dated 04.09.2017, an inquiry against the petitioner’s father was instituted with a charge that on account of him remaining behind bars, the image of the department has been tarnished.

8. The Inquiry Officer conducted inquiry and gave his report dated 04.09.2017, concluding that there is no direct allegation against the employee and it has no nexus with the employment and department’s image has not been adversely impacted due to his involvement in the alleged crime. The said report dated 04.09.2017 was duly forwarded to Appointing/Disciplinary Authority, but nothing has been done for the reasons best known to the respondents.

9. On account of the death of petitioner’s father, the respondent-State dropped the disciplinary proceedings against the petitioner’s father (which were initiated vide charge-sheet dated 04.09.2017).

10. After the death of his father, the petitioner moved an application for compassionate appointment in the month of May, 2020 under the Rules of 1996.

11. On 08.05.2020, the petitioner’s application for appointment was returned by respondent No.4 for want of service completion certificate.

12. Mr. Moti Singh, learned counsel for the petitioner argued that the disciplinary enquiry against petitioner’s father in relation to an incident that took place in the year 1994, was initiated after 23 years of alleged incident and though the Inquiry Officer ruled in favour of petitioner’s father and gave a report dated 04.09.2017, formal decision to exonerate him was not taken.

13. Learned counsel for the petitioner emphatically submitted that in spite of the report given by the inquiry officer, no decision was taken by the appointing authority and in the meantime, petitioner’s father – Late Amar Singh Saini passed away on 20.01.2020.

14. He submitted that the petitioner’s father for all practical purposes was exonerated and it cannot be said that his services were terminated or had come to an end before the date of his death.

15. It was argued that merely because on the date of death, petitioner’s father was under suspension, the petitioner cannot be denied his rightful claim of compassionate appointment.

16. Learned counsel for the petitioner contended that it was required of the State to have revoked suspension of petitioner’s father at least after a favourable inquiry report was given by the Inquiry Officer. That apart, the Disciplinary Authority was also required to take a final decision in furtherance of the inquiry report.

17. It was submitted that on one hand, the respondents have failed to discharge their obligation and on the other hand, the State is taking an arbitrary stand that petitioner cannot be given compassionate appointment as on the date of death, Late Shri Am