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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Ajit Kumar
Mahesh Kumar Chauhan – Appellant
Versus
State Of UP – Respondent
| Table of Content |
|---|
| 1. application for compassionate appointment and pending criminal case (Para 1 , 2) |
| 2. argument against the denial of appointment based on old enmity (Para 3 , 4) |
| 3. criteria for evaluating compassionate appointment claims (Para 5 , 6) |
| 4. impact of a character certificate on compassionate appointment (Para 7 , 8) |
| 5. distinction between compassionate and general appointments (Para 9 , 10) |
| 6. court's decision to quash impugned orders and direct appointment (Para 11) |
JUDGMENT :
Ajit Kumar, J.
1. Heard Shri Arun Kumar, learned counsel for petitioner and learned Standing Counsel.
2. By means of this petition filed under Article 226 of the Constitution petitioner has assailed the order dated 19.12.2023 whereby his claim for compassionate appointment has been deferred only on the ground that there is criminal case pending against him and his claim for compassionate appointment could be reconsidered only after his acquittal in the pending criminal case and another order dated 02.01.2024 whereby the Executive Engineer has expressed view that his character certificate issued by the District Magistrate shall be liable to be considered only after his acquittal in the criminal case as th
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.
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 mere pendency of a criminal case does not automatically disqualify a candidate for compassionate appointment; each case must be assessed on its own merits.
Suppression of criminal case information does not automatically disqualify compassionate appointment; objective evaluation required.
Pending criminal cases disqualify compassionate appointment; employer can reject based on antecedents and trustworthiness.
Compassionate appointment cannot be denied solely based on an acquittal involving moral turpitude without considering the evidence and circumstances of the case.
The rejection of a candidate's appointment based solely on a pending criminal case, without considering the nature of the allegations or the application form's requirements, is arbitrary and unsustai....
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....
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