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HIGH COURT OF CHHATTISGARH
Rakesh Mohan Pandey
Madhav Lal Naag S/o Mr. Bisahuram Naag – Appellant
Versus
State Of Chhattisgarh – Respondent
Order :
(Rakesh Mohan Pandey, J.)
1. The petitioner has filed this petition seeking the following relief(s):-
“A. A writ and/or an order in the nature of writ of appropriate nature do issue commanding and directing the respondents to produce before this Hon'ble Court all the relevant records pertaining to the case of the petitioners for its kind perusal.
B. A writ and/or an order in the nature of writ of appropriate nature do issue quashing the order/letter dated 02.07.2018 (Annexure P-1) being illegal, arbitrary and not sustainable in law and further direct to reinstate the petitioner as per the earlier order dated 07/12.03.2018 passed by the respondent.
C. A writ and/or an order in the nature of writ of appropriate nature do issue directing the respondents to provide the back wages in the facts and circumstances of the case.
D. Any other relief which this Hon'ble Court may deem fit in the facts & circumstances of case.
E. Cost of the petition may also be awarded.”
2. Learned counsel for the petitioner would submit that initially, the petitioner was appointed to the post of Teacher under the respondents. At the relevant time, in the year 2015, he was posted as Headmaster at Government Pri
The court held that termination without a hearing post-acquittal is unlawful, emphasizing the need for due process and proper interpretation of judicial findings.
An honourable acquittal negates the basis for termination, necessitating reinstatement unless disciplinary action is taken.
An acquittal in criminal proceedings following a dismissal from service due to conviction can justify reinstatement if the related charges substantially overlap, ensuring fairness in judicial review.
Mere acquittal in a criminal case does not guarantee reinstatement for public servants, especially if integrity concerns persist following a conviction overturned on technical grounds.
Point of law: Mere acquittal in a criminal case is not conclusive of the suitability of the candidate to the post concerned. If a person is acquitted or discharged, it cannot always be inferred that ....
The acquittal in a criminal case, not being an honourable acquittal, does not automatically entitle the petitioner to reinstatement. The employer's concern regarding the integrity, honesty, and trust....
An employee dismissed after a conviction may be reinstated upon acquittal, as the nature of the acquittal does not alter rights when no departmental inquiry was conducted.
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