JAGDISH PRASAD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Delay condoned. Special leave granted. Arguments heard.

(2.) After hearing learned counsel for the parties, we are of the considered opinion that the High court having recorded an order of acquittal could not have made the direction in the last para of its judgment that the appellant was being acquitted giving him the benefit of doubt and therefore was not entitled to reinstatement and payment of back wages. The question of reinstatement is not for a criminal court. It is for the State government to consider whether he should be reinstated at all having regard to the fact that the acquittal of the appellant proceeds on benefit of doubt and to consider the question of grant of such relief upon his reinstatement as regards salary and other service benefits, if any.

(3.) The appeal is disposed of accordingly.