[Cites 10, Cited by 0]
Madhya Pradesh High Court
Vivek Pandey vs The State Of Madhya Pradesh on 3 February, 2026
NEUTRAL CITATION NO. 2025:MPHC-IND:33970
1 NEUTRAL CITATION NO. 2026:MPHC-IND:4016
1 W.P. No.43709/2025
W.P. No. 16095/2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE JAI KUMAR PILLAI
ON THE 3rd OF FEBRUARY, 2026
WRIT PETITION No. 16095 of 2025
VIVEK PANDEY
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Burhanuddin Azad- Advocate for the petitioner
Ms. Drishti Rawal -GA for the respondents/State
ORDER
The petitioner has preferred this Writ Petition under Article 226
of the Constitution of India, being aggrieved by the impugned order
dated 03/04/2025 (Annexure P/4) passed by respondent no. 3. By the
said order, the application for compassionate appointment preferred by
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the petitioner's mother on behalf of the petitioner has been rejected on
the ground of the petitioner's involvement in two criminal cases,
despite his eventual acquittal by the courts of competent jurisdiction.
2. The facts in brief are that the father of the petitioner, late Shri
Kanhayyalal Pandey, was serving with the Madhya Pradesh Police as
Sub Inspector at District Special Branch (DSB), Indore. He died in
harness on 24/08/2020. Following his demise, the wife of the deceased
employee, Mrs. Lata Pandey, applied for compassionate appointment
for her son, the petitioner Vivek Pandey.
3. In his application/declaration, the petitioner disclosed that two
criminal cases were registered against him. The first case (G.R. Case
No. 1685/2017) was registered u/s 498-A and 506 of the I.P.C. at Police
Station KGP (T) Paschim Medinipur, West Bengal, by his wife. The
second case (Crime No. 458/2018) was registered u/s 294, 323, and 506
of the I.P.C. at Police Station Malharganj by a relative of his wife. Both
cases arose out of matrimonial disputes.
4. It is placed on record that the petitioner has been acquitted in
both cases. Vide judgment dated 27/07/2022 in Criminal Case No.
6718/2018, the J.M.F.C. Indore acquitted the petitioner, and vide
judgment dated 29/11/2023 in G.R. Case No. 1685/2017, the J.M.F.C.
6th Court, Paschim Medinipur, also acquitted the petitioner, holding
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that the prosecution miserably failed to prove its case. Notwithstanding
these acquittals, the respondents rejected the claim for compassionate
appointment vide the impugned order.
5. Learned counsel for the petitioner submits that the petitioner
possesses all requisite eligibility for compassionate appointment. It is
contended that the respondents failed to consider that the criminal cases
were a result of matrimonial discord and the marriage has since been
dissolved by a decree of divorce.
6. It is further argued that the petitioner acted bona fide by
disclosing the cases himself. The petitioner asserts that the trial courts'
findings--stating that the prosecution "miserably failed to prove his
case"--amount to an "honourable acquittal." Consequently, the
judgments of the Hon'ble Apex Court cited in the impugned order are
distinguishable as they pertained to heinous offences like Sections 307
or 395 of the I.P.C., whereas the present case involves personal
matrimonial disputes.
7. Per contra, the respondents, in their reply, submits that the police
force is a disciplined force requiring personnel of impeccable character.
It is contended that the Screening Committee, during character
verification, found the offences to be in the nature of "moral turpitude."
The respondents justify the impugned order by relying on the judgment
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of the Hon'ble Principal Bench at Jabalpur in Roop Narayan Vs. State
of M.P. (W.A. No. 163/09), wherein it was held:
"Thus, the decision taken by the Department was not
mechanical, but it was a conscious decision after taking into
consideration the facts and circumstances of the case in
proper perspective. Further, if a candidate is to be recruited
to the Police service, he must be worthy confidence of an
utmost rectitude and must have impeccable character and
integrity. The persons having criminal antecedents would
not fall within the ambit or the said category. Even if he is
acquitted or discharged, it cannot be presumed that he can
be completely exonerated."
8. Heard both parties at length and examined the entire record
available.
9. Upon careful examination of the record, it is evident that the
criminal cases registered against the petitioner were an offshoot of a
matrimonial dispute, which has now culminated in a divorce. In the
considered view of this Court, the nature of the offences (Sections 498-
A, 506, 294, 323 I.P.C.) arising out of a domestic environment cannot
be equated with heinous crimes or those involving grave moral
turpitude such as dacoity, murder, or kidnapping. The trial courts have
categorically recorded that the prosecution "miserably failed to prove
its case," which indicates that the allegations did not stand the test of
judicial scrutiny, amounting to an honourable acquittal.
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10. Furthermore, the policy dated 29/04/2014 governing
compassionate appointments in the State of Madhya Pradesh does not
contain an express bar regarding rejection solely on the basis of a
criminal case where an acquittal has been recorded. It is a settled
position of law that the yardstick applied for regular recruitment cannot
be applied with the same rigour to compassionate appointments. The
very nomenclature "Grant of Compassionate Appointment" signifies a
gesture of the State to provide immediate succor to a family in distress
due to the sudden demise of the bread-earner. The word "Grant" implies
that the rules of general appointment should be interpreted liberally and
not strictly. While the character of a candidate is relevant, a hyper-
technical approach in cases of matrimonial discord--where the
candidate has been honorably acquitted--would defeat the very object
of the beneficial policy of 2014. The purpose of the Scheme is to
mitigate hardship, not to penalize a person for disputes that the
competent courts have already dismissed as unproven.
11. Furthermore, this Court finds that the respondents placed
excessive reliance on the disciplined nature of the police force without
considering the specific context of the acquittal. While the decision in
Roop Narayan (supra) emphasizes "impeccable character," it does not
create a blanket ban. As held by the Hon'ble Apex Court in Avtar Singh
Vs. Union of India (2016) 8 SCC 471, the employer must act narrowly
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and fairly. In the present case, the petitioner acted with utmost integrity
by disclosing the cases himself, showing he is indeed a person of
"rectitude."
12. This Court, having perused the impugned order dated
03/04/2025, finds it to be legally unsustainable. The authority failed to
exercise its mind regarding the fact that the petitioner himself disclosed
the cases, showing his integrity, and that the acquittal was not based on
a mere technicality but on a total failure of the prosecution's evidence.
13. In view of the foregoing analysis, the Writ Petition is allowed.
The impugned order dated 03/04/2025 (Annexure P/4) is hereby
quashed.
14. The respondents are directed to reconsider the application of the
petitioner for compassionate appointment afresh, ignoring the factum of
the two criminal cases in which he has been acquitted, provided he
fulfills all other eligibility criteria, as per the Policy dated 29/04/2014.
15. The compliance of this order be ensured within a period of 60
days from the date of receipt of a certified copy of this order.
16. Accordingly, the writ petition is allowed in terms of the
directions indicated hereinabove.
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17. Pending application, if any, shall be disposed off accordingly.
(Jai Kumar Pillai)
Judge
rashmi*PS
