RAMAKANT SINGH Vs. STATE OF U P

JUDGEMENT

(1.) We have heard Sri Arun Kumar,, learned Counsel for the Appellant Learned standing counsel appears for Respondent Nos. 1 and 2. Sri Rajeev Gupta, appears for Respondent No. 3.

(2.) The Petitioner's father, Sri Veer Pratap Singh was serving as a Class IV employee in the Judgeship at Mainpuri. He went missing from 17.8.1997, and has not been traced out since thereafter. A disciplinary enquiry was initiated in the Judgeship, in which an enquiry report was submitted by Sri Vishram Singh, Enquiry Officer/Special Judge (D.A.A), Mainpuri on 3.2.1999, confirming that Sri Veer Pratap Singh, a Class IV employee, is absenting himself from duties from 17.8.1997. No application for leave has been received, and that the show-cause notice sent to his residence has been returned back with the remark that he was not available.

(3.) An application dated 20.12.2001, given by the Petitioner for compassionate appointment was rejected by the District Judge, Mainpuri on 5.22002, on the ground that the application was premature, as the period of seven years, to draw a presumption of civil death had not expired.