Back
ASHOK KUMAR GAUR
Mannalal Meena – Appellant
Versus
State Through Director – Respondent
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 23.1
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.
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....
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.
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.
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 indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
