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2026 Supreme(Online)(Chh) 11117
HIGH COURT OF CHHATTISGARH AT BILASPUR
Parth Prateem Sahu, J
SANTOSH KUMAR RATHORE – Appellant
Versus
STATE OF CHHATTISGARH – Respondent
WPS No. 8525 of 2024
For the Appellants/Petitioners: Shrijita Kesharwani
For the Respondents: Sahil Singh
The court directed the respondent authority to decide on the petitioner's representation for backwages and retiral dues after he was acquitted by the High Court, following a termination based on a trial court's conviction.
Headnote:(A) Service Law - Termination of Service - Conviction and Subsequent Acquittal - Where a petitioner's services were terminated based on a trial court's conviction and the petitioner is subsequently acquitted by the High Court, the respondent authorities are directed to consider representations for backwages and retiral dues. (Para 2, 4)
Issues: Whether the respondent authorities should be directed to decide on the petitioner's representation for backwages and retiral dues following his acquittal by the High Court.
| Table of Content |
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| 1. petitioner seeks relief and reinstatement following acquittal after termination due to conviction. (Para 1 , 2) |
| 2. state's consent to the limited prayer for deciding the representation. (Para 3) |
| 3. direction to the authority to decide on representations in accordance with law. (Para 4 , 5) |
ORDER ON BOARD
1. Petitioner has filed this writ petition seeking following reliefs.
“10.1. The Hon'ble Court may kindly be pleased to call for entire records pertaining to the matter.
10.2. The Hon'ble Court may kindly be pleased to issue an appropriate writ or suitable direction, order to the respondent authorities to grant the backwages for the period petitioner was kept out of service
10.3 The Hon'ble Court may kindly be pleased to direct/order the respondent authorities to release the entire retiral dues payable to the petitioner without any further delay.
10.4. The Hon'ble Court may kindly be pleased to direct the respondent to consider the grievance of the petitioner and decide the same within a limited time frame.
10.5. The Hon'ble Court may kindly be pleased to allow any other relief as deem fit and proper.”
2. Learned counsel for petitioner submits that petitioner was implicated in criminal case bearing Crime No. 12 of 1988. Trial Court convicted the petitioner based upon which respondent department has terminated services of the petitioner. She also contended that thereafter, in an appeal preferred bearing Crime No. 521 of 1997, High Court vide its judgment dated 26.06.2023 acquitted the petitioner from the charges. Petitioner thereafter had submitted representation before respondent No. 2 which till date is pending consideration, therefore, direction be issued to respondent No. 2 to consider and take decision on the representation dated 21.12.2023, at the earliest, within specified time frame.
3. Counsel for the State submits that in view of the limited prayer made by counsel for the petitioner, he is having no objection.
4. On due consideration of the submissions made by learned counsel for the parties and further considering that the department has not initiated any proceedings before terminating the service of the petitioner, but for for termination is based on the judgment of conviction of the trial Court and subsequently, petitioner has been acquitted from the charges in an appeal by High Court, the writ petition is disposed of directing respondent No. 2 to consider and take decision on the representation submitted by the petitioner dated 21.12.2023 and 15.02.2024, in accordance with law, expeditiously preferably within a further period of three months from the date of receipt of the Order.
5. Accordingly, this writ petition is disposed of with the aforesaid observation and direction.
