High Court: Innocence presumed until conviction, FIR alone no bar to compassionate appointment

The Himachal Pradesh High Court has ruled that the mere pendency of an FIR, especially for petty offences, cannot be a valid ground to deny compassionate appointment once it has already been approved by the competent authority. Justice Sandeep Sharma observed that until charges are framed and a conviction is recorded by a competent court, an accused must be deemed innocent. Therefore, withholding an appointment solely on account of an FIR, more so for minor offences, is unsustainable.

The case concerned a petitioner whose father, a Junior Basic Teacher in the Department of Elementary Education, died in harness on 21.10.2009, leaving behind eight dependents. The petitioner applied for compassionate appointment in 2010, and in 2021, the government approved his candidature. However, no appointment letter was issued, and upon inquiry, it was revealed that the authorities had withheld the appointment due to the pendency of an FIR under Sections 323 and 325 of the IPC, relating to causing hurt and grievous hurt.

The Court noted that the petitioner’s guilt had yet to be established, and the allegations arose from a personal altercation rather than any serious misconduct. Holding that such circumstances could not justify denial of employment, the Court directed the State authorities to issue the appointment letter to the petitioner.