- (1.) This writ petition is directed against an order dated 11.11.2019 passed by the Superintendent of Police, Deoria whereby the petitioner's application for compassionate appointment made under the U.P. Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974, (for short, 'the Rules') has been rejected.
(2.) When this matter came up first on 6th January, 2020 the following order was made: "The petitioner's application for compassionate appointment under the U.P. Dying in Harness Rules, 1974 have been rejected by the impugned order dated 11.11.2019. The basis for the rejection that is recorded is that the petitioner was nominated in Case Crime No. 3 of 2015, under Sections 147, 452, 323, 504, 427, 354 I.P.C., P.S. Jhagaha, district Gorakhpur. The impugned order records that during investigation, the police have found the petitioner's nomination in the crime to be incorrect and have not charge sheeted him. It is then said in the impugned order that the offence committed by the petitioner is one that involves moral turpitude and there is a possibility that the petitioner may be summoned by the Court. On the aforesaid possibility, the petitioner's claim for compassionate appointment has been rejected. Also, the Superintendent of Police, Deoria while passing the said order has taken into consideration an opinion of the District Counsel (Criminal), Gorakhpur. The submission of the learned counsel for the petitioner is that the impugned order is manifestly illegal and takes into consideration irrelevant and extraneous material besides drawing perverse conclusions. He submits that the impugned order takes into consideration an opinion submitted by the District Government Counsel (Criminal) which is absolutely extraneous material. It is further submitted that the possibility that the petitioner might be summoned in future is nothing but a perverse conclusion. The petitioner's claim cannot be rejected on the conjecture of a mere future happening. As of day, the petitioner has not been charge sheeted and is not an accused before the Court in any criminal case.
(3.) Sri Indramani Kushwaha, learned Standing Counsel appearing on behalf of respondent Nos. 1,2 and 3 will seek instructions in the matter within three days.;