NaraIn Lal Vs. the State of Rajasthan

constitution of india - articles 226, 14 and 16 and penal cote--sections 147/149, 323 and 302--services terminated on account of conviction in criminal case--petitioner subsequently acquitted--held, he is entitled to be reinstated forth with in service with full back wages and all consequential benefits with in 4 months.;it is evident from bare reading of anx. 5 that the services of the petitioner were terminated on account of conviction by a criminal court vide order dated january 5, 1982. since he has been acquitted by this court as stated above, it is directed that he should be reinstated on his job forthwith. he is entitled to be reinstated with all consequential benefits. he shall also be entitled to full back wages. this shall be done within a period of 4 months.;writ allowed - inder sen israni, j.1. it is submitted by shri g.l. pareek, learned counsel that petitioner was working as constable and was posted at sawaimadhopur. he was suspended on february 3, 1981 as a criminal case under sections 147/149, 323 and 302 i.p.c. was filed against him by way of private complaint. the petitioner was convicted under sections 323, 149 i.p.c. by order of learned additional district & sessions judge, gangapur passed on january 5, 1982. thereafter, the services of the petitioner were terminated on december 27, 1983 vide annexure-5, the petitioner preferred appeal in this court, in which, he was acquitted by order dated march 11, 1991. a copy of the order has been placed on record. it is, therefore, submitted by learned counsel that since the petitioner was terminated as he was convicted by the court of additional district & sessions judge as is evident from. annexure-5, he is entitled to be re-instated now since he has been acquitted by hon'ble high court.2. i have heard both the parties and gone through the document on record. it is evident from bare reading of anx. 5 that the services of the petitioner were terminated on account of conviction by a criminal court vide order dated january 5, 1982. since he has been acquitted by this court as stated above, it is directed that he should be reinstated on his job forthwith. he is entitled to be reinstated with all consequential benefits. he shall also be entitled to full back wages. this shall be done within a period of 4 months, from the date of producing copy of this order before concerned authority.3. the writ petition is allowed as above, with no order as to costs.