Order

1. The instant petition has been filed with the following prayer:-

"(i) That order dated 4/03/2016 (Annexure-2) passed by the respondent No 4 may kindly be quashed and set aside and also order dated 4/02/2018 (Annexure-3) passed by respondent No 2 may kindly be set aside.

(ii) The respondents may be directed to reinstate the petitioner in service as a Teacher Grade 3rd with all consequential benefits.

(iii)Any other appropriate order, which this Hon'ble court deems just and proper tin the facts and circumstances of the case, may kindly be passed in favour of the petitioner."

2. The brief facts of the case are that the petitioner was appointed as a Teacher Grade III in the Elementary Education Department and was posted at Government Secondary School, Sarangwas, Block Sojat City, District Pali. The petitioner was convicted in Criminal Case No. 147/05 for the offence under Section 498A IPC by the Judicial Magistrate First Class, Behror, District Alwar, by judgment dated 06.03.2013. Thereafter, Respondent No. 4 passed an order dated 04.03.2016 terminating the petitioner’s services on the ground of the said conviction judgment dated 06.03.2013 (Annexure-1). The petitioner preferred an appeal against the order dated 04.03.2016 passed by the Competent Disciplinary Authority and District Education Officer (Elementary), District Dausa, before the Director, Elementary Education, Rajasthan, Bikaner. However, the Director, Elementary Education dismissed the appeal by order dated 04.02.2018 and upheld the termination order dated 04.03.2016. Subsequently, the learned Appellate Court, ADJ No. 2, Behror, District Alwar, in Criminal Appeal No. 11/15 (4/2013), vide order dated 19.06.2018 acquitted the petitioner of the offence under Section 498A IPC and set aside the conviction judgment dated 06.03.2013 by judgment dated 19.06.2018. After the said judgment, the petitioner submitted representations to the respondents, but no effective action was taken on the same. The petitioner also sent a legal notice to the respondents through his advocate on 13.08.2018 by registered post; however, the respondents failed to redress the grievance of the petitioner. Hence, this writ petition is filed.

3. Learned counsel for the petitioner submits that the petitioner, who was working on the post of Teacher Grade-III, was terminated by the respondent vide order dated 04.03.2016 on the ground that he had been convicted vide judgment dated 06.03.2013 in a criminal case under Section 498-A IPC. He submits that thereafter, the petitioner preferred an appeal against the order dated 04.03.2016; however, the same came to be dismissed vide order dated 04.02.2018 and subsequently, the petitioner preferred Criminal Appeal No. 11/15 before the appellate court, wherein the petitioner was acquitted vide judgment dated 19.06.2018 for the offence under Section 498-A IPC. Learned counsel for the petitioner further submits that once the petitioner has been acquitted in the said case, he is entitled to reinstatement; however, till date the respondents have not taken any action in this regard.

4. Per Contra learned counsel for the respondent submits that the petitioner was rightly dismissed from service as he did not inform the respondent department that he had been sentenced to simple imprisonment of two years for the offence under Section 498-A IPC and continued to discharge his duties. It is further submitted that the proceedings against the petitioner were initiated only after a complaint was filed by the petitioner’s wife.

5. Heard learned counsel for the parties and perused the material available on record.

6. Upon perusal of the impugned order, this Court finds that the reason assigned in the impugned order dated 24.02.2018 (Annexure-3) is that a criminal case under Section 498-A IPC was pending against the petitioner. However, in the said impugned order, the respondents have additionally also stated that the petitioner fa