V.K.Shukla, J. - (1.) IN the present case, petitioner has rushed to this Court for quashing of the order dated 29.04.2010 passed by the Deputy Inspector General of Police, Establishment, U.P. Allahabad.
(2.) BACKGROUND of the case, as reflected from the record, is that petitioner's father Vidya Nath Pandey, who had been performing and discharging duties as constable, died in harness on 22.04.1993. The claim of petitioner for grant of compassionate appointment on the post of S.I. (m) was considered and turned down, then petitioner moved application on 19.11.2007 for grant of compassionate appointment on the post of constable. Requisite orders were passed in this regard on 23.05.2008. Thereafter, it appears that character verification proceedings were undertaken, and it was found that the petitioner had been arrayed as accused in case crime No. 183 of 2000, under Sections 147, 323, 504, 506 and 452 I.P.C. read with Section 3 (1) (10) of SC/ST Act, but subsequently on trial, he was acquitted from the Court of Session on 29.06.2004, and report to this effect was furnished to the Superintendent of Police, Azamgarh, who took legal advice from the Special Prosecution Officer and found that there was no legal impediment in petitioner's being offered appointment. The Deputy Inspector General of Police, Establishment, Police Head Quarter, thereafter, on account of the fact that the petitioner had concealed the material facts and furnished wrong facts in his affidavits dated 10.07.2007 and 15.12.2007, proceeded to reject the approval so accorded on 23.06.2008. At this juncture, petitioner has rushed to this Court. Counter and rejoinder affidavits have been exchanged and thereafter, present writ petition has been taken up for final hearing and disposal with the consent of the parties.
(3.) SRI Vijay Gautam, Advocate, appearing for the petitioner, contended with vehemence that in the matter of character verification object should be to see as to whether the incumbent was suitable for appointment to service, for which he was appointed, or not. The petitioner had furnished the said affidavits under bona fide impression that once he had been acquitted in the aforesaid criminal case, then the same was of no consequence, as such writ petition deserves to be dismissed.;