PUSHPENDRA SINGH BAGHEL Vs. STATE OF M.P.

JUDGEMENT

(1.) MANY a time, the Courts are required to take inconvenient decisions, contrary to public opinion and personal sympathies. This is one such case. In this PIL, the appointment of third respondent, as a Commercial Tax Officer, on compassionate grounds, is challenged as being wholly illegal, arbitrary and prejudicial to public interest.

(2.) THIRD respondent is the widow of one R. K. Jain. The said R. K. Jain was working as Deputy Commissioner of Commercial Tax, Bhopal. He had put in about 25 years of service. The department considered him to be an excellent officer. On 14 -7 -2004, he was arrested by the Police Officers of the Special Police Establishment attached to Lokayukt, Madhya Pradesh, allegedly while accepting a bribe of Rs. 2,000/ - from one Vinod Chhajad, Tax Practitioner. It would appear that he was detained and tortured in the office of Superintendent of Police, Special Police Establishment, Lokayukt, Bhopal. While in such Police custody, he was rushed to Hamidia Hospital, Bhopal, where he died. Postmortem examination disclosed the cause of his death as Asphyxia. The postmortem report also revealed fracture of ribs and other injuries on his body. It would appear that the State directed the Crime Investigation Department to inquire into circumstances leading to the death of R. K: Jain. According to the State, the investigation prima -facie revealed the involvement of M. S. Nain, the then In -charge Superintendent of Police, Special Police Establishment, Bhopal, in the death of R.K. Jain.

(3.) LATE R. K. Jain left him surviving his widow (third respondent), two daughters and a son. Third respondent submitted an application on 23 -7 -2004 to the State Government (Principal Secretary, Commercial Tax Department) seeking compassionate appointment on a Class II post. Along with the said application, she filed copies of testimonials to show that she possessed the requisite educational qualification for such post. Having regard to unfortunate circumstances in which her husband died and resultant public agitation, the State Government wanted to consider her case as a special case with compassion and sympathy. Therefore, after consulting the M.P. Public Service Commission (as per letter dated 26 -7 -2004) and securing its consent (as per reply dated 28 -7 -2004), the State Government issued an order dated 23 -8 -2004 appointing third respondent as Commercial Tax Officer (a Class II Post) on compassionate grounds on probation for a period of two years by relaxing the relevant recruitment Rules. It is stated that in pursuance of it, third respondent joined duty and is presently working as Commercial Tax Officer at Bhopal.