CHANDRASHEKHAR SONI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) In this petition under Article 226 of the Constitution of India, the petitioner has prayed for a direction to the respondents for giving all the dues for the period 14.12.1998 till 13.06.2005 along with interest @ 18% per annum with all other consequential benefits.

(2.) Facts of the case, briefly stated, are that the petitioner was appointed as Patwari in the year 1988-89. While he was posted at P.C. No.27, Tahsil Gunderdehi, District Durg, a criminal case was registered against him for commission of offence punishable under Section 456 of IPC, in which charge sheet was filed before the Judicial Magistrate First Class, Durg and the petitioner was eventually convicted and sentenced to undergo Rigorous Imprisonment for 6 months and fine of Rs.500/-. On 14.12.1998, the petitioner was terminated on account of his conviction. The Sessions Judge, Durg affirmed the conviction, against which the petitioner preferred a criminal revision before the High Court of Madhya Pradesh, which was allowed vide order dated 21.04.1999. The petitioner thereafter approached the Sub Divisional Officer (Revenue), Patan [henceforth 'the SDO (R)'] for his reinstatement, which was rejected and thereafter his appeal was also rejected by the Collector, Durg on the ground that the petitioner's acquittal was on account of compromise between him and the complainant, therefore, the misconduct has been proved under the Chhattisgarh Civil Services (Conduct) Rules, 1965.

(3.) The petitioner preferred WP No.1673/2002, wherein vide order dated 02.05.2005, the orders passed by the SDO (R), Patan and the Collector, Durg were set aside and he was directed to be reinstated in the services. Consequently, the petitioner was reinstated by the SDO (R), Patan on 13.06.2005.