PRADEEP KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Sanjay Kumar, learned counsel for the petitioner and Sri Saral Srivastava, learned additional chief standing counsel for the State -respondents.

(2.) BY means of this writ petition, the petitioner who is dependent of late constable driver Radhey Shyam Tiwari, has challenged the order dated 21.04.2010 passed by Deputy Inspector General of Police, Establishment, U.P. Police Headquarter, Allahabad rejecting the claim of the petitioner for compassionate appointment on the ground of having submitted a false affidavit at the time of recruitment to the effect that no criminal case was registered against him.

(3.) THE facts of the case are that father of the petitioner who was employed as constable in the U.P. Police, died while in service on 15.10.1997. The petitioner herein applied for compassionate appointment on 19.06.2001. On 04.08.2003, an objection was raised that he was under age, i.e. less than 18 years of age. On 08.12.2003, the petitioner received an intimation that he should appear for reconsideration. Consequently, the petitioner appeared and submitted an affidavit on 14.01.2004 on the prescribed format containing certain declarations including the declaration that no criminal case had been registered against him as per his knowledge nor any police investigation was pending. It is said that earlier also on 11.10.2002, a similar affidavit had been filed by him. The contents of the affidavit were got verified, whereupon, it was revealed that two criminal cases, i.e. Case Crime No.80 of 1998 under Sections 147, 148, 149, 302, 201 and 364 I.P.C. and Crime Case No.156 of 2000 under Section 307 I.P.C. read with Section 1(10), S.C./S.T. Act were registered against him, but, he had been acquitted in both the criminal cases. An inquiry was made from the office of A.D.G.C. as to whether any State Appeal had been filed against his acquittal, whereupon, it was informed that no State Appeal had been filed against the aforesaid judgments. This letter of the A.D.G.C. is dated 21.01.02006.