The petitioner, being aggrieved by the orders dated 19.4.2000 and 2.6.2008, by which the claim of the petitioner for reinstatement on the ground of acquittal in the criminal case, has been rejected, has approached this Court.

2. Learned counsel for the petitioner submitted that the petitioner had been proceeded simultaneously in a criminal case and in the departmental proceeding. The order of punishment of dismissal has been passed vide order dated 9.3.1999 by which the petitioner has been dismissed from service, but after the order of dismissal, the competent Court of criminal jurisdiction has acquitted the petitioner vide judgment dated 22.9.2004. After acquittal in the criminal case, the petitioner had made representation for review/recall of the order of dismissal on the ground that he has been acquitted in the criminal case and the evidence and facts in the departmental/criminal case is exactly same, but the respondents vide the impugned orders has rejected the claim of the petitioner. It has been submitted that since the petitioner has been acquitted in the criminal case, rejection of the claim of the petitioner is absolutely improper and without application of mind.

3. On