SANJAY KUMAR Vs. STATE OF M.P.

JUDGEMENT

(1.) The appellant has filed the present appeal being aggrieved by the order dtd. 26/4/2004 passed in Writ Petition No.4959/2003 (O.A.No.396/1996) whereby the Writ Court has dismissed the writ petition. The facts of the case in short are as under:

(2.) The appellant's father late Rambharose died on 3/7/2008 while working in First Battalion S.A.F.. Since he died while in government in service, the appellant being his son applied for compassionate appointment in the S.A.F. On his application vide order dtd. 1/7/1995 the Collector Indore recommended his appointment as a class-IV employee in Mahila Polytechnic, Indore. In compliance with the order the Principal, Government Mahila Polytechnic issued an appointment order dtd. 3/11/1995 appointing the appellant as lab attendant (peon). The appellant was called upon to submit a verification form. The appellant disclosed all his information in the verification form except the criminal case which was registered against him and prosecuted before a criminal court. The aforesaid form was sent to the local police station. The DIG, Bhopal, vide letter dtd. 24/5/1996 informed the Principal Govt. Polytechnic about the Crime No.105/1989 registered under sec. 324/34 against the appellant which he suppressed in column 12 of verification form. On the basis of aforesaid information, vide order dtd. 3/6/1996, the appellant's order of a compassionate appointment was cancelled and he was terminated from service.

(3.) Being aggrieved by the cancellation of a compassionate appointment, the appellant approached the then M.P. Administrative Tribunal under Sec. 19 of Administrative Tribunal Act, 1985 inter alia on the ground that though a criminal case was registered against him but vide order dtd. 27/9/1991 he had been acquitted from the charges by way of compromise, therefore under the bonafide mistake he did not disclose that said fact at the time of filling up verification form.