M.Y. Eqbal, J.

1. The short question that falls for consideration in the instant case is as to whether in the facts and circumstances of the case, the petitioner is entitled to be reinstated in service after the judgment of acquittal passed in his favour.

2. The facts of the case lie in a narrow compass: While the petitioner was pasted in Senha Block as Villager Level Worker, an F.I.R. was lodged in 1997 on complaints made by some of the persons of the said Block regarding taking some amount by the petitioner from the beneficiaries at the time of distribution of money under the scheme known as Indira Awas Nirman Scheme. The petitioner was served with a memo of charge and a departmental proceeding was initiated. On the basis of the complaint, a criminal case also proceeded against the petitioner. In the departmental proceeding, after holding inquiry and on the basis of inquiry report, the Disciplinary Authority inflicted punishment of withholding of 5 increments with cumulative effect. The said order of punishment was confirmed by the Commissioner in appeal vide order dated 28.2.2001. However, in the criminal case initiated against the petitioner, he has been acquitted from the