KARTIK RAM YADAV Vs. STATE OF C.G.

JUDGEMENT

(1.) The petitioner has filed this writ petition (s) under Article 226/227 of the Constitution of India assailing the order dtd. 17/6/2000 (Annexure P/1) by which the respondent authority - Public Works Department, Division -1, Bilaspur, has rejected the claim of the petitioner for grant of retiral dues and pension on the count that though the petitioner has been acquitted from the charges levelled against him for committing an offence under Sec. 147, 323, 149 and 436 of the IPC by the co-ordinate Bench of this court vide order dtd. 26/9/2019. Since his bail bond has been kept in effective for six months therefore, it cannot be said that the petitioner has been exonerated from the charges.

(2.) Learned counsel for the petitioner would submit that the petitioner was initially appointed on the post of driver in the year 1987 with respondents vide appointment order dtd. 26/8/1987. The name of the petitioner is at serial No.6 of the order. Thereafter, in the year 2000 due to some false criminal allegation made against the petitioner, the petitioner remained in police custody for some period. And after investigation, charge sheet was filed against the petitioner. The learned Additional Sessions Judge vide its judgment of conviction and sentence dtd. 29/11/2000 convicted the petitioner for his involvement in the offence under under Ss. 147, 323 read with Sec. 149 and 436 of IPC. It has been further contended that against the conviction order the petitioner along with other coaccused has preferred an appeal before this court which was registered as Criminal Appeal No. 48 of 2000 and co-ordinate Bench of this court vide its order dtd. 26/9/2019 has passed the order acquitting the petitioner and other coaccused persons, the operative portion of the order reads as under.

(3.) During pendency of this appeal, the petitioner attained the age of superannuation in the year 2018 and after acquittal by the co-ordinate Bench of this court, the petitioner has filed a representation on 26/9/2019 before the respondent authority for grant of salary, pension and other allowances etc., but the same has been rejected by the Chief Executive Engineer, Public Works Department, Division-I, Bilaspur vide its order dtd. 17/6/2020. The petitioner has preferred present writ petition assailing the order dtd. 17/6/2020 and for grant of pension other retiral dues with 12% interest. He would submit that the order dtd. 17/6/2020 is illegal as the petitioner has been acquitted from the charges levelled against him and directing for continuation of bail bond as per the provisions 437-A of the Cr.P.C. cannot to be held that applicant has not been honourably acquitted from the charges. He would further submit that from the bare perusal of the order dated 26- 09-2019 passed by this Court it is clear that the prosecution has failed to prove its case beyond reasonable doubts and petitioner has been acquitted. Therefore, he is entitled to get salary for the entire period and pension, GPF amount, gratuity, leave encashment and other admissible dues for the entire service period. In support of his arguments, he would refer the judgment of co-ordinate Bench of this court in WPS No. 994 of 2010 in the case of Shankarlal Soni vs. State of Chhattisgarh, decided on 19/7/2021.