CHANDRIKA PRASAD KUJUR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The challenge in the present Writ Petition is to the order Annexure P/1 dated 03/01/2017 whereby after the petitioner had been acquitted in a criminal appeal by High Court, the intervening period during which he was out of employment has been treated as no work no pay.

(2.) According to the counsel for the petitioner, before passing the said order, no opportunity of hearing was given to the petitioner. He further submits that, once when there is an order of acquittal in his favour, it is to be presumed that the petitioner for all practical purposes has to be treated as in service and he should also be given all monetary benefits of the said period.

(3.) The admitted factual matrix in the instant case is that, the petitioner was prosecuted for an offence under Section 302/34 of IPC and he stood convicted vide judgment dated 20/08/1998.