2026 Supreme(Online)(Chh) 26109
HIGH COURT OF CHHATTISGARH AT BILASPUR
Bibhu Datta Guru, J
Basant Kumar Sikheriya – Appellant
Versus
State Of Chhattisgarh – Respondent
WPS No. 5762 of 2026
For the Appellants/Petitioners: Goutam Khetrapal
For the Respondents: Akanksha Verma
An employee terminated solely due to conviction is entitled to have their representation for reinstatement considered by the employer upon being acquitted of all charges, particularly when no independent departmental inquiry was conducted to justify the termination.
Headnote:(A) Service Law - Termination of Service - Dismissal based on conviction - Acquittal in subsequent appeal - Where dismissal is founded exclusively on the petitioner's conviction and no independent departmental enquiry was conducted, the basis of the dismissal no longer survives upon the petitioner's acquittal. (Para 2)
Issues: Whether the respondent authorities should be directed to consider and decide the petitioner's representations for reinstatement following his acquittal in a criminal case.
SOURABH NAFR BHILWAR Digitally signed by SOURABH BHILWAR Date: 2026.08.01 11:37:39 +0530
(Cause title is taken from Case Information System)
Order on Board
1. By the present writ petition, the petitioner seeks quashment of the impugned termination order dated 11.04.2018 (Annexure P/1), whereby the services of the petitioner has been terminated by the respondent authorities and further seeks a direction to reinstate the petitioner with all consequential benefits.
2. Learned counsel for the petitioner submits that the petitioner, who was working on the post of Rural Agriculture Extension Officer, has challenged the order dated 11.04.2018 whereby he was dismissed from service solely on account of his conviction vide judgment dated 28.02.2018 passed by the learned Special Judge (Prevention of Corruption Act), North Bastar, Kanker in Special Case No.3/2015. Aggrieved thereby, the petitioner preferred CRA No.403 of 2018 before this Court, which came to be allowed vide judgment dated 17.12.2025, resulting in his acquittal from all the charges. Learned counsel submits that since the dismissal was founded exclusively on the petitioner's conviction and no independent departmental enquiry was ever conducted, the very basis of the impugned dismissal no longer survives after his acquittal. He further submits that the petitioner has submitted representations dated 26.12.2025 and 25.06.2026 (Annexure P/3 Colly.) before the competent authority seeking reinstatement in service with all consequential benefits; however, the same are still pending consideration. It is, therefore, prayed that the respondent authorities be directed to consider and decide the petitioner's pending representations expeditiously, in accordance with law.
3. Learned State counsel, on instructions, submits that if the representations (Annexure P-3) are still pending consideration, the same shall be considered and decided, in accordance with law, within the stipulated period.
4. I have heard learned counsel for the parties and perused the material available on record.
5. Considering the limited prayer made by learned counsel for the petitioner and taking into account the submission made by learned State counsel, this writ petition is disposed of with a direction to the respondent authorities, particularly respondent No.2, to consider and decide the pending representations dated 26.12.2025 & 25.06.2026 (Annexure P/3 Colly.) filed by the petitioner and to pass a reasoned and detailed order, strictly in accordance with law, preferably within a period of three months from the date of receipt of a copy of this order.
6. With the aforesaid direction, the writ petition stands disposed of.