High Court Of ChhattisgarhWPS/6064/2018disposed off

Sani Ram Bhagat v. State Of Chhattisgarh,

2018-09-14Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6064 of 2018 Sani Ram Bhagat S/o Late Shri Sukru Ram Bhagat Aged About 55 Years R/o Village Pharsabahar, District- Jashpur, Chhattisgarh., District : Jashpur, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh, Through Secretary, Department Of Industry, Mahanadi Bhawan, New Raipur, District : Raipur, Chhattisgarh

2. Director Industry, Udyog Bhawan, Ring No. 1, Telibandha, Raipur, District- Raipur, Chhattisgarh.

----Respondents For Petitioner :

Mr. J.D. Vajpaee, Advocate For State :

Ms. Astha Shukla, Panel Lawyer Hon'ble Shri Justice P. Sam Koshy Order on Board 14/09/2018

1. The petitioner in the present writ petition seeks a relief from this Court for a direction to the respondents to decide the representation/application of the petitioner seeking reinstatement in service.

2. The facts of the case is that the petitioner while working as an Inspector/ Assistant Manager under the respondent No.2 was suspended for the involvement in a criminal case under the Prevention of Corruption Act. Later on the petitioner stood convicted by a judgment dated 04.08.2006, passed by the Special Judge, P.C. Act, Raipur, thereafter the services of the petitioner stood terminated. The petitioner against the judgment of conviction had preferred an appeal before the High Court and the High Court had vide its order dated 04.10.2017 set-aside the judgment of conviction and acquitted the petitioner of all the charges, which were leveled against the petitioner.

3. After the acquittal, the petitioner has been making repeated request to the respondents for passing an appropriate order of reinstatement as the

order of conviction does not survive any further and for treating the intervening period as period spent on duties. The application of the petitioner has till date not been decided; neither has the respondents taken a decision for reinstatement.

4. Given the aforesaid factual background of the case, subject to the verification of facts, the respondents No.1 & 2 are directed to take a decision on the claim of the petitioner at the earliest within a period of 60 days from today.

5. The writ petition thus stands allowed and disposed off. Sd/- (P. Sam Koshy) Judge Ved