Heard Mr. Mehta, learned advocate for the petitioner, and Mr. Ashar, learned AGP, for the respondent - State.
2. Having regard to the facts and circumstances of the case and considering the policy / decision dated 6.4.2009 of the respondent - Government for absorbing the Home Guards in State Reserve Police Force, the petition deserves consideration. Therefore, RULE.
3. By way of interim arrangement, it is directed that the competent authority of the respondent shall consider the facts of the case of the petitioner, particularly the facts that, (a) the petitioner has been acquitted in the criminal proceedings, (b) any departmental proceedings have not been carried out against the petitioner either in the interregnum or even after acquittal and until now, any departmental proceedings have not commenced, (c) after his acquittal in criminal proceedings, the petitioner is already reinstated, (d) even if the worst situation is assumed against the petitioner and the hiatus from the date of which the petitioner was terminated on account of criminal proceedings until he came to be reinstated after acquittal in criminal case, is not taken into account, it also appears that the petitioner has completed 5 years of service as contemplated under the respondent's policy, inasmuch as, the petitioner seems to have been appointed w.e.f. 27.9.1999 and he was terminated on or around 27.7.2011. Therefore, before termination, he had completed service of 2 years, and he came to be reinstated in December-2009. Since then, the petitioner appears to have completed about 3 years service. The total period put together will come to 5 years.
4. Ordinarily, the authority would take into account the period in interregnum when the petitioner is reinstated, unless any specific direction is passed by the competent authority while granting reinstatement.
5. In view of the above mentioned facts, the competent authority of the respondent is directed to pass appropriate order in accordance with applicable Rules and policy with reference to petitioner's request for absorbing him in SRPF in light of the policy declared and adopted by the respondent.
Such decision shall be taken by the competent authority within period of 3 months from today and will be placed on record of present petition.
The respondent authority may take decision independently without being influenced by the observations in this order, upon considering the facts of the case.
6. Rule is made returnable in the week beginning from 3.9.2012.
The registry will place the petition in the cause list of Final Hearing, which may be prepared in the week beginning from 3.9.2012.
(K.M.Thaker, J.) kdc Top