Acquittal means the individual is not guilty of any crime, and the respondent should reconsider the petitioner's enrollment without influence from the previous conviction.

ORDER

By means of this petition, the petitioner has prayed that the order dated 05.07.2003 issued by the Commandant, Home Guard Organisation, Tripura be quashed.

2. Briefly stated, the facts of the case are that the petitioner was engaged by the Home Guard Organisation, Tripura. Annexure-A to the petition is the certificate of appointment of the petitioner as a member of the Home Guard in the State of Tripura. This appointment was only for a period of 5(five) years or until he attains the age of 45 years. The certificate of appointment itself states that the said certificate does not confer the right to an enrolled member to perform duty unless specifically called upon. Members of the Home Guards are volunteers and not on the regular roll of any organization. They are only enrolled in the Home Guards and can be called upon to perform duties as and when required by the Commandant of Home Guards.

3. The petitioner along with another person was involved in a criminal case under Section 457 and Section302 IPC. The learned Sessions Judge, South Tripura vide judgment dated 27.08.1999 held the petitioner as well as the co-accused were guilty and sentenced the petitioner for imprisonment for life. Thereafter the impugned order was passed on 05.07.2003 whereby the name of the petitioner was struck off from the enrollment register with immediate effect.

4. The present petitioner aggrieved by the judgment of the Sessions Judge approached the High Court by filing a Criminal Appeal being Crl. Appeal No. 36 of 1999 and the High Court by judgment dated 15.09.2004 set aside the conviction and sentence imposed upon the petitioner. It was held that there was no evidence to show that he was involved in the murder or that he had taken any active part in the murder. Thereafter the petitioner filed an application saying that he may again be reinstated in the Home Guard service. While the said application was still under consideration he filed the present writ petition.

5. The stand of the respondents is that a person who was once convicted of such a serious offence even if acquitted by a High Court cannot be afforded by appointment under Home Guard service. We are not in agreement with this submission of the respondents. If the person has been acquitted then the acquittal means that he is not guilty of any crime whatsoever.

6. The question that arises, however, is what relief can be granted to the petitioner. The petitioner was a voluntary member of the service of the Home Guard. He cannot be ordered to be reinstated in service nor can back wages be ordered to be paid. The only order that this Court can pass is that the respondent should reconsider the case of bringing the name of the petitioner on the enrollment register being totally uninfluenced by the judgment of conviction passed against him. We may, however, make it clear that his name shall be brought back only on the enrollment register only if he fulfills the necessary eligibility criteria.

7. With these observations, the writ petition is disposed of.

No. costs.

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