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Patna High Court

Dharmendra Kumar SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The discharge of the petitioner from the criminal case defeats the ground for rejection, and the District Compassionate Committee must reconsider his compassionate appointment application.

Summary

The petitioner, Dharmendra Kumar Singh, applied for a compassionate appointment after his father, a chowkidar, died in service. The District Compassionate Committee rejected his 2022 application on the ground that he was an accused in a criminal FIR. The petitioner was later discharged by the Additional Chief Judicial Magistrate in March 2024, and he sought to have the earlier order quashed and his appointment granted. The respondents argued that the committee had correctly rejected the application and had not reconsidered it after the discharge. The High Court held that the discharge nullified the basis for the earlier rejection and directed the committee to reconsider the petitioner's application within six weeks. Consequently, the writ petition was disposed with directions to the committee.

Issues considered

  • Whether the rejection of the compassionate appointment on the basis of the petitioner being an accused is valid after his discharge from the criminal case.
  • Whether the order of the District Compassionate Committee dated 9-6-2022 can be quashed or must be set aside.
  • Whether the petitioner is entitled to a fresh consideration of his application for compassionate appointment.

Legislation cited

Subjects

  • compassionate appointment
  • discharge
  • criminal case
  • writ petition
  • Right to Information Act
  • administrative law
  • government service appointment

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.10469 of 2023
                 ======================================================
                 Dharmendra Kumar Singh Son of Ram Bhaju Singh Resident of Village-
                 Nasariganj Ward No. 1, Yadav Tola, P.S.- Nasariganj, District- Rohtas at
                 Sasaram.
                                                                          ... ... Petitioner/s
                                                   Versus
           1.     The State of Bihar through the Principal Secretary, Finance Department,
                  Patna.
           2.    The Additional Secretary, Finance Department, Patna.
           3.    The Principal Secretary, Department of Personnel Administration, Govt. of
                 Bihar, Patna.
           4.    The Director General of Police, Govt. of Bihar, Patna.
           5.    The District Magistrate, Rohtas at Sasaram.
           6.    The Superintendent of Police, Rohtas at Sasaram.
           7.    The Sub- Divisional Officer, Bikramganj, Rohtas at Sasaram.
           8.    The Circle Officer, Nasariganj, Rohtas at Sasaram.
           9.    The Officer Incharge, Nasariganj, Rohtas at Sasaram.
                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s       :     Mr. Mukul Jee, Advocate
                                                  Mr. Sushant Kumar, Advocate
                                                  Mr. Ranjit Kumar, Advocate
                 For the Respondent/s       :     Mr. Anil Kr. Singh, GP-26
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

3   13-03-2026                    Heard learned counsel for the parties.

                                 2. The petitioner has filed the instant application for

                   the following relief (s) :-

                                        “1. i. For quashing of the part of the order
                                        /decision    dated    09-06-2022     District
                                        Compassionate Committee Rohtas headed by
                                        the District Magistrate Rohtas at Sasaram
                                        Contained in Memo no. 953 which was
                                        Communicated to the petitioner under Right to
                                        information Act 2005 vide Memo no. 1860
                                        dated 12.11.2022 by the Senior Additional
                                        Collector, Rohtas at Sasaram Whereby and
Patna High Court CWJC No.10469 of 2023(3) dt.13-03-2026
                                           2/4




                           whereunder the Claim for appointment of the
                           petitioner on Compassionate ground has been
                           rejected on the basis of one Criminal case
                           against him.
                           ii. For making appointment of the petitioner on
                           the Compassionate ground because his father
                           died in harness in Course of Service as
                           Chaukidar posted at Nasariganj Police Station
                           District Rohtas at Sasaram.
                           iii. For the petitioner further prays for
                           direction to the respondents authorities to
                           consider the case of the petitioner for his
                           appointment on any post on Compassionate
                           ground in the District Rohtas at Sasaram.
                                          And/or
                           For any other appropriate relief/ relief(s) to
                           the petitioner for which he may be found
                           entitled in the eye of law.
                                          A Copy of Memo No. 1860 dated
                                          12.11.22 alongwith Memo no. 953
                                          dated 9-6-2022 with enclosures
                                          are being annexed herewith and
                                          marked as Annexure-1 Series to
                                          this application.”

                      3. It is the case of the petitioner that the father of the

          petitioner, who was working as a Chowkidar in Nasariganj

          Police Station, died in harness on 5.9.2018. The petitioner filed

          his application for appointment on compassionate ground in the

          year 2018, which came to be considered by the respondent

          authorities and the District Compassionate Committee by its

          order contained in Memo no. 953 dated 9.6.2022, rejected the

          petitioner's application on the grounds that as per the report
Patna High Court CWJC No.10469 of 2023(3) dt.13-03-2026
                                           3/4




          received from the Circle Officer, Nasariganj contained in his

          letter no. 72 dated 27.1.2020, the petitioner had been made an

          FIR accused.

                      4. Learned counsel for the petitioner submits that

          while the application was filed by him in the year 2018 for

          appointment on compassionate ground, he came to be falsely

          implicated in a criminal case for which an FIR was registered on

          24.4.2020 being Nasariganj P.S. Case no. 90 of 2019 under

          different sections of the Indian Penal Code. Learned counsel

          submits that by order dated 21.3.2024 passed in G.R no. 611 of

          2019 by the learned Additional Chief Judicial Magistrate III,

          Bikramganj (Rohtas), the petitioner was discharged in

          connection with the aforesaid Nasariganj P.S case no. 90 of

          2019. It is submitted that the petitioner filed a representation

          informing the respondents of his having been discharged in the

          case and for consideration of his appointment on compassionate

          ground, however, neither the petitioner has been appointed nor

          has he received any order/information with respect to his

          appointment.

                      5. In response, it is submitted by learned counsel for

          the respondents that the case of the petitioner was considered by

          the District Compassionate Committee and by order dated
         Patna High Court CWJC No.10469 of 2023(3) dt.13-03-2026
                                                    4/4




                   9.6.2022, the application of the petitioner came to be rejected on

                   the ground of the petitioner being accused in a criminal case. It

                   is further submitted that it is true that subsequent to the

                   petitioner being discharged, the application of the petitioner has

                   not been considered afresh.

                               6. Having heard learned counsel for the parties and

                   taking into consideration the facts and circumstances of the

                   case, this not only being a case of acquittal but that of a

                   discharge from a criminal case, the writ application is disposed

                   of directing the respondent- District Compassionate Committee,

                   Rohtas, Sasaram to reconsider the case of the petitioner for his

                   appointment on compassionate ground in place of his father.

                               7. The petitioner shall file a representation along with

                   a copy of this order and the District Compassionate Committee

                   shall consider the case of the petitioner within a period of six

                   weeks from the date of receipt/production of a copy of this

                   order.

                               8. The writ application stands disposed of with the

                   above observations and directions.



                                              (Partha Sarthy, J)
Shiv/-

U


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