MADHAV LAL NAAG Vs. STATE OF C.G.

JUDGEMENT

(1.) The petitioner has filed this petition seeking the following relief(s):-

(2.) Learned counsel for the petitioner would submit that initially, the petitioner was appointed to the post of Teacher under the respondents. At the relevant time, in the year 2015, he was posted as Headmaster at Government Primary School, Jhakarpara, Makdi, District Kondagaon. He would further contend that an FIR for the commission of an offence punishable under Sec. 376 of IPC and Sec. 6 of the Protection of Children from Sexual Offences Act, 2012 was registered against the petitioner. He would also contend that Special Criminal Case No.9 of 2015 was registered against the petitioner and he was acquitted by the Court concerned vide judgment dtd. 16/9/2016. He would further submit that in para 18, the learned Court has recorded a finding that the petitioner was not a culprit. The trial Court has also observed that someone else committed the offence according to the deposition of the victim. He would also submit that vide order dtd. 19/5/2015 the services of the petitioner were terminated by respondent No.2/Collector, District Kondagaon exercising the power under Article 311(2) of the Constitution of India and Rule 10(9) of the Chhattisgarh Civil Services (Classification, Control and Appeal) Rules, 1966. He would argue that after the judgment of acquittal, the petitioner approached the Collector, Kondagaon for reinstatement and the petitioner was reinstated in the services vide order dtd. 14/6/2018. He would also argue that respondent No.1 without affording any opportunity of hearing vide order dtd. 2/7/2018 again terminated the services of the petitioner on the ground that the petitioner was acquitted extending the benefit of doubt and there was an allegation of the commission of a heinous offence. He would state that the petitioner was reinstated in service, therefore, the respondent authority ought to have conducted an enquiry before taking any decision with regard to termination of services. In support thereof, he placed reliance on the judgment passed by the Hon'ble Supreme Court in the matter of Ram Lal vs. State of Rajasthan and Others, (2024) 1 SCC 175. He would also state that as there was no evidence against the petitioner in the criminal case and the victim made the allegation against someone else, he was acquitted by the competent criminal court. He would submit that the authority concerned ought to have read the entire judgment before arriving at any conclusion.

(3.) On the other hand, learned counsel for the State would oppose the submissions made by counsel for the petitioner. He would submit that the services of the petitioner were terminated by the Collector exercising power under Article 311(2) of the Constitution of India. He would further submit that there was no need to afford an opportunity of hearing by respondent No.1 as the petitioner was extended the benefit of doubt by the learned trial Court. He would also submit that the employer retains the discretion to consider the case for reinstatement if any employee has been acquitted in the criminal case. He would submit that the petition deserves to be dismissed.