Patna High Court
Dharmendra Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PARTHA SARTHY
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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