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State of Madhya Pradesh Vs. Parvez Khan [01/12/14]

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[Civil Appeal No. 10613 of 2014 arising out of SLP (C) No.36237 of 2012]. This appeal has been preferred against the Judgment and Order dated 20th March, 2012 of the High Court of Madhya Pradesh at Jabalpur in Writ Appeal No.262 of 2010. The question raised for our consideration is whether the refusal by the competent authority to give compassionate appointment in police service on the ground of criminal Civil Appeal No. of 2014 @ SLP (C) No.36237 of 2012 antecedents of a candidate who is acquitted for want of evidence or who is discharged from the criminal case on account of compounding can be justified. Sultan Khan was serving with the Madhya Pradesh Police. He died in harness on 21st June, 2005. His son, the respondent Parvez Khan, applied for compassionate appointment. The competent authority sent his record for police verification. It was found that he was involved in two criminal cases. In one case, he was prosecuted for offences under Sections 323, 324, 325, 294 and 506-B/34 of the Indian Penal Code and in the other under Sections 452, 394 and 395 of the Indian Penal Code. The Superintendent of Police held that he was not eligible for appointment in Government service and closed his case. The respondent challenged the said order by way of Writ Petition No.15052 of 2008 on the ground that in the first case he was acquitted on 31st January, 2007 and in the second he was discharged on account of compounding of offence.

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