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Appointment cannot be claimed on compassionate grounds for being acquitted in a criminal case

HIGH COURT OF MADHYA PRADESH

Writ Appeal No.201/2018
(VAJID ALI VS THE STATE OF MADHYA PRADESH)

Jabalpur, Dated 06-07-2018.
Shri Ghanshyam Barman, Advocate for the appellant.
Ms. Namrata Agrawal, Government Advocate for the respondents/State.

The present appeal is directed against an order passed by learned Single Bench on 03.01.2018 whereby, an order dated 29.01.2013 rejecting the claim of appellant for appointment on compassionate ground was not interfered with.

The appellant was facing two criminal trials but he was exonerated on 13.10.2011 in one trial and on 16.05.2013 in another trial. The father of the appellant died in harness on 13.12.2011. The appellant sought appointment on compassionate ground after the death of his father in the year 2013.

Learned Single Bench found that the writ petition suffers from delay and laches as after filing representation in the year 2013, the appellant has not availed any right. Still further, we find that acquittal in a criminal case, by itself, is not a ground of proof of good character. It has been so held by a Full Bench of this Court in Ashutosh Pawar vs High Court of M.P reported as 2018 (2) MPLJ

Writ Appeal No.201/2018 In view of the said fact, we find that learned Single Bench has rightly dismissed the writ petition on the ground of delay and laches as also that the appellant cannot claim appointment on compassionate ground under the State merely for the reason that he stands acquitted in the criminal cases.

Dismissed.

(Hemant Gupta) (Vijay Kumar Shukla)
Chief Justice Judge

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