Court No. - 58
Case :- WRIT - A No. - 15512 of 2018 Petitioner :- Atal Bajpai Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Nripendra Kumar Dwivedi,Prakash Chandra Dwivedi Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner's appointment as a Home Guard was cancelled on 22nd January, 2011, on account of the fact that petitioner was implicated in Case Crime No.49 of 2011, under Sections 376, 511 and 354 IPC, and he had been incarcerated in jail.
Learned counsel for the petitioner points out that ultimately in Criminal Case No.1607 of 2012, petitioner has been acquitted. An application for being reinstated in service has been filed before the authorities, which has been rejected vide order dated 14th September, 2016. The order impugned records that since petitioner had been sent to jail, therefore, it is not appropriate to reinstate the petitioner in service. Learned counsel submits that once the petitioner has been acquitted in criminal proceedings, the mere fact that he has been incarcerated in jail, during the period of investigation, would not be a relevant circumstance, and the petitioner's claim for reinstatement could not be rejected for the reason disclosed.
Petition is opposed by learned Standing Counsel.
Having heard learned counsel for the parties, this Court finds that once petitioner has been acquitted of the charges levelled against him, the mere fact that he had been incarcerated in jail, during the period of investigation, would not be a relevant circumstance. The effect of acquittal order would be that petitioner's candidature would not be non-suited, merely on account of his implication in the criminal case and arrest during investigation. In such circumstances, the conclusion drawn by the authority while passing the order impugned cannot be sustained.
Consequently, writ petition succeeds and is allowed. Order dated 14.9.2016 is quashed. The authority concerned is directed to take a fresh decision in the matter relating to reinstatement of petitioner as Home Guard, within a period of three months from the date of presentation of certified copy of this order.
Order Date :- 25.7.2018 Anil