M.Y.EQBAL, J. - (1.) HEARD learned Counsel for the parties.
(2.) THIS case relates to compassionate appointment. The petitioners father was in the police service posted as Assistant Sub -Inspector. He died on 13.6.1999. The petitioner being the eldest son of the deceased, filed an application for compassionate appointment before Senior Superintendent of Police. It is stated in the writ petition that the deceased father of the petitioner was involved in false criminal case for an offence under Sections 341, 323, 426. 337 and 498(A) of the Indian Penal Code at the instance of the second daughter -in -law. A counter -affidavit has been filed in this case, wherein it is stated that the application of the petitioner for compassionate appointment was verified by the authority and in course of verification it was found that altogether three criminal cases have been registered against the petitioner. One Sukhdeo Nagar P.S. Case No, 220/99 dated 4.6.99 was registered against the father of the petitioner including the petitioner. The petitioners father was arrested in connection with the aforesaid case but he was absconded from the police custody and, therefore, another case being Sukhdeo Nagar P.S. Case No. 231/99 dated 12.6.99 has been registered, wherein the petitioner was also made an accused and charge -sheet has been submitted against him. On the next day, the dead -body of the father of the petitioner was found hanging on a tree. It is further stated that another criminal case was registered under Sections 419. 420 and 384, IPC. The respondents, therefore, vide letter dated 8.9.2000 informed the petitioner that since he is charge -sheeted in three criminal cases, the cannot be appointed on compassionate ground.
(3.) MR . Prasad, learned Counsel for the petitioner, submitted that in one of the cases instituted under Section 498 -A, the petitioner has been acquitted. However, in two other criminal cases no judgment of conviction has been passed against the petitioner and further charge -sheet has been submitted during pendency of the writ application,;