NARESH AHLAWAT Vs. MAHANAGAR TELEPHONE NIGAM LTD

JUDGEMENT

(1.) This Letters Patent Appeal arises out of an order passed by a learned single Judge of this Court whereby a writ petition filed by the appellant herein challenging an order granting only 50% back wages during the period of his suspension has been dismissed.

(2.) The petitioner was working as Lower Division Clerk in the MTNL. He was arrested in connection with FIR No. 268/1985 for an offence punishable under Section 376/302 of the IPC. He was on that basis placed under suspension in September 1985. An Additional Sessions Judge before whom the petitioner was tried for the offences aforementioned, eventually convicted and sentenced him to life imprisonment holding that the charge of rape with murder was established against the petitioner.

(3.) In an appeal preferred by the petitioner against the said order of conviction and sentence, the High Court of Punjab and Haryana acquitted the petitioner in terms of a judgment dated 4th October, 1993. Shortly thereafter, the petitioner represented to the respondent for revocation of his suspension and reinstatement in service. This was followed by reminders and eventually a legal notice seeking the petitioner's reinstatement. In the meantime, Mr. Khazan Singh, the father of the deceased preferred a Special Leave Petition before the Supreme Court against the order of acquittal passed by the High Court which was finally dismissed by the Supreme Court in February, 2003.