JABALPUR, India, April 20 -- Madhya Pradesh High Court issued the following judgment/order on March 20:

1. The instant intra court appeal has been preferred by the appellant being aggrieved by the order passed in W.P.No.7180/2012 on 14.08.2023, whereby the learned Single Judge dismissed the writ petition preferred by the appellant.

2. I.A.No.24099/2024 is taken up which is an application for condonation of delay.

3 . Issue notice. Notice is accepted by learned counsel appearing on behalf of respondent/State on advance copy.

4. The short facts of the case are that the father of the appellant was working in the police department on the post of Constable, who died in harness and after his death, the mother of the appellant requested to the department to appoint the brother of the appellant as Bal Constable on compassionate basis and after attaining the age of majority, his services were regularized. When the appellant attained the age of majority, his mother once against applied to the department for appointment of the appellant on compassionate basis. An affidavit to that effect was also submitted by mother of the appellant and after due consideration, the appellant was appointed on compassionate basis.

5. Later on, it was revealed that the brother of the appellant had already been granted compassionate appointment and this fact was suppressed by the appellant and his mother, while submitting the application and affidavit seeking compassionate appointment of appellant. The notice was issued to the appellant and the departmental proceedings were initiated, which was concluded in termination of appellant by order dated 31.07.2006. A criminal case was also registered against the appellant under Section 420 read with Section 34 of IPC, upon the allegation of securing the government job on compassionate ground on the basis of incorrect facts. The order of dismissal was challenged by the appellant in appeal unsuccessfully. Thereafter, subject writ petition was filed, which has been dismissed by the impugned order dated 14.08.2023.

6. The learned single judge has recorded in the impugned order that brother of the appellant was already appointed on compassionate basis due to death of his father in harness and the appellant filed the application supported by affidavit seeking compassionate appointment without disclosing this fact and the appellant and his mother submitted incorrect facts to the departments. Their affidavits were not based on corrects facts and therefore, after enquiry, the services of the appellant was terminated and the learned writ court declined to interfere in the order of termination.

*Rest of the document can be viewed at: (https://mphc.gov.in/upload/jabalpur/MPHCJB/2025/WA/3581/WA_3581_2025_FinalOrder_20-03-2026_digi.pdf)

Disclaimer: Curated by HT Syndication.