RAJ BAHADUR Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) LATE Ramesh Chand was serving in police Department as Head Constable with Government of Rajasthan when he died in service on 7.3.1991. The family of the deceased became destitute. His widow who come how herself was not eligible for being appointed or getting appointment under the Rajasthan Recruitments of the Dependents of Government Servant (Dying while in Service) Rules, 1975 (hereinafter referred to as 'the Rules') informed the government and the concerned authorities that the deceased had left three daughters aged 10, 14 and 17 years and one son Raj Bahadur aged About 9 years at that time Raj. Bahadur had passed secondary school examination from Board of Secondary Education Rajasthan in the year 1989. Her application was verified and after complete examination of the facts, ultimately Dy. Inspector General of Police, Head quarters, vide his order dated 16th November, 1992 directed the Superintendent of Police. Bharatpur to offer an appointment to the petitioner as per Rules and as per the qualification and eligibility of the petitioner Raj Bahadur. A copy of the letter has been placed on record as Annexure -3. The petitioner was asked to appear for medical test vide letter dated 5.1.93, copy of which is attached as Annexure -4. The petitioner appeared for medical test before the Recruiting Inspector, Police Lines, Bharatpur and he was found fit still no appointment was offered to the petitioner. Representations were submitted by petitioner. It revealed lateron that the petitioner was involved in a criminal case registered against him under Section 302 IPC in FIR No. 86/91 and perhaps for that reason the appointment was not offered. The criminal trial against the petitioner resulted into acquittal in Sessions Case No. 8/93 and the learned Sessions Judge Bharatpur acquitted the petitioner on 10th June, 1994. On having been acquitted the petitioner and his mother once again made representation to the authorities attaching thereto a copy of the judgment of the trial court as well but no response was given by the respondents to the petitioner or to the family of the petitioner with the result that the provisions of 1975 Rules were not complied with and even the offer made to the petitioner for appointment and for which he was medically examined and found fit remained in abeyance. Finding no response from the authorities, the petitioner ultimately approached this Court by way of filing the present writ petition.

(2.) REPLY has been filed by the respondents by way of affidavit of one Shri Madhu Sudan Singh, Addl. Superintendent of Police Bharatpur. The facts as stated are not denied. It is stated in the reply that even though, appointment was offered to the petitioner and he was medically examined, but on character verification it was found that his antecedents were not up to the mark and he was facing a criminal trial. It is not disputed that the petitioner has since been acquitted of the charges and he was not found guilty by the Sessions Judge. Counsel for petitioner states that the judgment of acquittal has become final as no appeal has been filed by the State Government against the order of acquittal.

(3.) FOR the reasons and discussions mentioned above, the respondents are issued a writ of mandamus to comply the offer of appointment made to the petitioner as per letter issued by the Dy. Inspector General of Police (Head Quarters), Jaipur dated 16th November, 1992 (Annexure 3) and Annexure -4 dated 5th January, 1993 by offering the appointment. The respondents shall complete the exercise within three months from the date of receipt of a certified copy of this order. However, it is made clear that the petitioner shall be watched during the service and if any thing adverse is found against him, the respondents shall be at liberty to take legal action as permitted under the law.