PARMANAND Vs. STATE OF C.G.

JUDGEMENT

(1.) THE petitioner has filed this petition to direct the respondents No. 1 to 4 to withdraw the charge of B.M.O. Bilha from the respondent No. 5 and Teacher, Govt. School, Chakarbhata from the respondent No.6 and treat them under suspension during the pendency of the criminal appeal filed by the State against the respondents No. 5 and 6.

(2.) ACCORDING to learned counsel appearing for the petitioner, a criminal case was registered against the respondents No. 5 and 6 and four other co- accused persons for committing marpeet with Dhannamal and Madho Das. Dhannamal is father of the petitioner and Madho Das is brother of the petitioner. The first information report of the said incident dated 24.11.1992 was lodged in the police station by the petitioner. After criminal trial the respondents No. 5 and 6 were convicted and sentenced by the Chief Judicial Magistrate, Bilaspur by judgment dated 20th November. 2000, passed in Criminal Case No. 717/96. Thereafter, the respondents No. 5 and 6 filed Criminal Appeal Nos. 195/2000 & 196/2000, respectively, wherein vide judgment dated 19.4.2001, passed by the Sixth Additional Sessions Judge, Bilaspur, they were acquitted of the charges.

(3.) IT is apparent that during the criminal trial, the respondents No. 5 and 6 were placed under suspension but after the judgment dated 19.4.2001, in criminal appeals, they were reinstated in service. The respondent No.5 was given the charge of B.M.O. Bilha and the respondent No.6 was given the charge of Teacher in Govt. School, Chakarbhata. Objecting the reinstatement and posting of the respondents No. 5 and 6 the petitioner filed representations (Annexure P/4 and P/5). Being aggrieved by the reinstatement and posting of the respondents No. 5 and 6, the petitioner has filed this petition.