PRADEEP NANDRAJOG,J. - (1.) The respondent "?s/original applicant "?s father was working as Loco Pilot with the petitioner-Railways, and on being declared medically decategorized and upon being voluntarily retired, the respondent/original applicant was offered appointment on compassionate grounds.
(2.) The respondent/original applicant was informed vide letter dated 09.10.2015 that his appointment on the post of Hammal Khalasi was sanctioned, in accordance with the recommendations of the Screening Committee and the directions issued by the Railway Board as well as Divisional Railway Manager. However, when the respondent/original applicant was not given appointment, he made representation, upon which the petitioners declined appointment to the respondent/original applicant on the ground that a criminal case was registered against him in the year 2012.
(3.) The petitioner-Union of India took a stand that the respondent/original applicant was not fit to be given appointment, because he had been convicted under Sections 341, 323 and 34 of the Indian Penal Code by a competent court, and moreover, the respondent/original applicant had not mentioned in his application form the details of such conviction.;