H.C.PRAKASH Vs. STATE OF C.G.

JUDGEMENT

(1.) The petitioner herein invoking the jurisdiction of this Court under Article 226 of the Constitution of India calls in question the legality, validity and correctness of the order dtd. 28/12/2017 by filing this writ petition whereby the petitioner's representation for reinstatement in service on being acquitted of the criminal charges has been rejected by the State Government finding no merit.

(2.) The petitioner herein was Upper Division Teacher in the Government School. He was prosecuted for committing rape with the student of the school i.e. for offence under Ss. 363, 366 and 376 of the IPC and convicted by the jurisdictional criminal Court at Baloda Bazar, Chhattisgarh on 28/8/2001 in Sessions Trial No.55/2000. However, by this Court the petitioner herein has been acquitted of the said charges by this Court in CRA No. 816 of 2001 vide order dtd. 21/8/2015 extending him benefit of doubt. Meanwhile, the petitioner was terminated from service on 30/12/2005 under Rule 10(8) of the Chhattisgarh Civil Services (Classification, Control and Appeal) Rules, 1966.

(3.) Mr. Sajal Kumar Gupta, learned counsel for the petitioner, would submit that the petitioner was acquitted of the charges levelled against him by extending him benefit of doubt though the it was not clean acquittal, however the order of dismissal will cease to be effective and the employee would be entitled to be reinstated. Therefore, the petitioner herein is entitled for reinstatement along with back wages and the present writ petition deserves to be allowed.