IN THE HIGH COURT OF RAJASTHAN AT JAIPUR BENCH
Sanjeev Prakash Sharma, J.
Mukesh Kumar Raigar - Appellants
Vs.
Union of India and Ors. - Respondent
S.B. Civil Writ Petition No. 17475 of 2018
Decided On : 17-02-2021
Indian Penal Code, 1860 - Sections 323, 324 and 341 - Criminal Procedure Code, 1973 - Section 360 - Voluntarily causing hurt by sword which is a dangerous weapon - Penalty of removal from service - Upon examination of case holistically, it is found that Section 324 indicated in criminal case is a cognizable offence and is not covered among list of minor offences of MHA policy From facts it is also observed that he was charge sheeted U/S-324 for voluntarily causing hurt by sword which is a dangerous weapon. Subsequently he was acquitted only after compromise with party which manifest his involvement in a serious offence - Held, In criminal law, principle is settled that a person who is acquitted on account of paucity of evidence, has same effect as an acquittal after examining the statements of the witnesses and Court gives a verdict that statements recorded before Court do not prove guilt - It is to be noticed that a person who faces criminal trial undergoes a severe mental agony. If he is acquitted in case, his acquittal has to relate from the day he was charged of offences - Entire trial is set at naught. To put it differently, a person, who is acquitted, cannot be put to a second trial - Such person cannot be made to face social deprivation by not considering him for employment or denying him a right to continue him in employment - Respondents did not find any shortcoming thereto - Writ petition allowed.
JUDGMENT :
Sanjeev Prakash Sharma, J.
1. By way of instant writ petition, petitioner has prayed to quash and set aside order dated 14/05/2018 passed by the respondents whereby the representation submitted by the petitioner pursuant to directions of this Court in SB Civil Writ Petition No. 8190/2012 has been rejected.
2. Brief facts which need to be noticed are that this is a second round of litigation. Earlier, the petitioner had approached this Court by filing SB Civil Writ Petition No. 8190/2012 wherein he challenged the order whereby penalty of removal from service was imposed against him.
3. It is to be noticed that this Court, after examining the facts and circumstances of the case and after considering the reply filed by the respondents, observed that case of the petitioner was required to be considered in the context of the parameters laid down by the Apex Court in Avtar Singh vs. Union of India & Ors.: 2016 (8) SCC 471 and passed following order:-
The writ petition stands allowed accordingly."
4. The petitioner thereafter submitted representation wherein he prayed as under:-
(ii) The reinstatement order may kindly be released on priority basis with in prescribed period eight weeks as per direction of Hon'ble Court.
(iii) The period to the date of dismissal w.e.f. 9.3.2010 to date of reinstatement will be treated as duty. He is entitled to full pay and allowances for period of which he would have been entitled had he not been dismissal under the provision of FR-54-A. The above period may kindly be allowed as per law."
5. The representation dated 06/03/2018 was examined by the respondents and was rejected vide order dated 14/05/2018:-
2. The WP was heard by the Hon'ble Court on 16.02.2018 and disposed of with the following direction:-
"..... This petition deserves to be allowed in view of the law laid down by the Apex Court. The impugned orders are quashed and set aside. The petitioner is directed to file a deta
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