DEVCHAND RAM Vs. STATE OF CHHATTISGARH THROUGH SECRETARY

JUDGEMENT

(1.) The challenge in the present writ petition is to the order dated 31.10.2009 (Annexure P/1) which has been issued pursuant to an earlier direction given by this court in WPS No.844 of 2009 decided on 31.08.2009.

(2.) The petitioner was working as a Manager under the respondent No.7 which is a primary society under the respondents No.3 &4. The initial order of appointment of the petitioner was issued on 19.12.1996. He continued to work on the said post till 28.05.2006. Thereafter, he was absent from duty for pretty long time. In between the petitioner was arrested in a criminal case for the offence punishable under Sections 147,148,307 in alternative 307/149, 186 and 353 IPC and Sections 25 and 27 of Arms Act. In addition, Sections 3,5 and 7 of Explosive Substance Act. He remained in custody till 21.08.2008 i.e. the date on which he stood acquitted in the criminal case. Since the petitioner was absent from duty from 28.05.2006 to 21.08.2008, the respondent No.7 meanwhile passed a resolution on 02.06.2006 removing the petitioner from service and in his place the respondent No.6 had been ordered to be appointed.

(3.) The petitioner subsequent to his acquittal from the criminal case filed a writ petition before this court vide WPS No.844 of 2009 which stood decided on 31.08.2009 directing the petitioner to prefer a representation to the authorities concerned, who in turn, was directed to decide the same. Pursuant to the order dated 31.08.2009, the petitioner made a detailed representation. The said representation stood decided vide impugned order dated 31.10.2009 which is under challenge in the present writ petition.