Mahendrasinh vs Principal

1.0 The petitioner has prayed to direct the respondents to take the present petitioner in service with all benefits in pursuance to the judgement and order delivered in Criminal Case No. 1527 of 2001 on 13.10.2006 and also the judgement and order dated 04.10.2007 delivered in Criminal Appeal No. 7 of 2007.

2.0 The petitioner was working as Junior Clerk with respondent No. 2. During the tenure of his service, a criminal case was filed against the petitioner for tampering with the muster roll pages of the service record of the staff of respondent No.1. However, he was acquitted by the trial Court in the Criminal Court. After the acquittal order, petitioner was called upon to resume his duties but he has not resumed his original post and he was not given salary. Against the order of acquittal of the petitioner, a Criminal Appeal has been preferred before this Court. This Court has confirmed the acquittal of the petitioner. The petitioner made representation to respondent No. 2 on 09.02.2009 with regard to service as well as salary but till date neither any reply has been given nor any decision has been taken. Hence, this petition.

3.0 As a result of hearing and perusal of the record, I am of the opinion that interest of justice would be met by passing the following order.

In view of the acquittal order, the order of reinstatement shall be issued and the petitioner shall be allowed to resume his duty on re-opening of the school i.e. 14.06.2010. If any other misconduct is found, it will be open to the concerned authority to remove him from service.

The bill for salary in respect of the petitioner shall be forwarded to the District Education Officer for the days for which the petitioner has worked. In such event, the same shall be considered by the District Education Officer in accordance with law.

4.0 With the above observation, petition stands disposed of. Liberty to revive in case of difficulty. Direct service is permitted.

(K.S.JHAVERI, J.) niru* Top