An honourable acquittal negates the basis for termination, necessitating reinstatement unless disciplinary action is taken.

ORDER

1. The instant writ petition has been filed by the petitioner, challenging the termination order dated 05.04.2010, whereby respondents terminated services of the petitioner on account of his conviction under Section 302 IPC.

2. The petitioner has further prayed that he may be reinstated in service with full back wages and continuity service w.e.f. 15.09.2006.

3. The brief facts, as pleaded in the writ petition, are that the petitioner was appointed on the post of Lab Assistant on probation, for a period of two years, vide order dated 25.06.1988 and on successful completion of probation period, he was regularized w.e.f. 24.07.1992.

4. The petitioner has pleaded that while he was discharging his duties, he came to be implicated in a Criminal Case, registered on 13.09.2006, at Police Station Chhipabarod for alleged offence under Section 302 IPC and as such, FIR No.282/2006 was registered against the petitioner.

5. The petitioner has pleaded that he was taken in judicial custody on 15.09.2006 and the employer-State exercising its powers under Rule 13 of Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958, placed the petitioner under suspension by order dated 23.12.2006 w.e.f. 15.09.2006.

6. The petitioner has pleaded that the trial of the criminal case, conducted against the petitioner, resulted into his conviction under Section 302 IPC in Sessions Case No.93/2006, by order dated 10.10.2007.

7. The petitioner has pleaded that the trial court without considering the evidence on record and basic principles of law, convicted the petitioner and as such, on the basis of such conviction, he came to be terminated from service by impugned order dated 05.04.2010.

8. The petitioner has pleaded that the conviction order passed by Additional District & Sessions Judge (Fast Track) Chhabra District Baran was challenged by him before the High Court and as such, he filed D.B. Criminal Appeal No.1775/2007 and the High Court vide its order dated 03.06.2016, set-aside the order of conviction and honourably acquitted the petitioner on merits from all the charges levelled against him and State was directed to set the petitioner free.

9. The petitioner has pleaded that after his honourable acquittal from criminal charges, he submitted an application before the District Education Officer on 01.11.2016 and also annexed all the relevant documents & judgments and requested him to take the petitioner back on duty.

10. The petitioner has further pleaded that since no reply was received from the office of the respondents, he again sent a letter to the respondent-Director, Board of Secondary, Education and requested that the petitioner since has not been found involved, at all, in a criminal case and he has been acquitted honourably and as such, he was required to be reinstated back in service.

11. The petitioner has pleaded that due to illegal action of the respondents, he ultimately sent a legal notice for demand of justice to them and when no reply was received of the said notice, the petitioner filed the instant petition.

12. Learned counsel-Mr. Rinesh Gupta appearing for the petitioner has made the following submissions:-

(i). The termination order dated 05.04.2010 was passed on account of conviction of the petitioner in a criminal case tried under Section 302 IPC and on criminal appeal filed by the petitioner, the same order of conviction being set-aside on merits, the respondents were under duty to pass an order of reinstatement of the petitioner.

(ii). The order passed by the Division Bench of the High Court in Criminal Appeal was an order which honourably acquitted the petitioner of all the charges and after analyzing entire evidence, this Court came to conclusion that the prosecution had failed to prove the case miserably against the petitioner and as such, the honourable acquittal of the petitioner ought to have resulted into quashing and recalling of order dated 05.04.2010, passed by the respondents.

(iii). The termination of services