MAHANAGAR TELEPHONE NIGAM LIMITED Vs. NARESH AHLAWAT

JUDGEMENT

(1.) This appeal is directed against the impugned order dated 1st September 2008 passed by the learned Single Judge allowing the Writ Petition (Civil) No. 6350 of 2008 filed by the Respondent.

(2.) The Respondent joined the Delhi Telephones as Lower Division Clerk in 1979. On account of his involvement in a criminal case in which he was charged for the offences under Sections 376/302 of the Indian Penal Code, he remained under suspension from 23rd September 1985 till 19th November 2004 He was convicted by the Trial Court on 7th September 1992. However by a judgment dated 4th October 1993 of the High Court of Punjab and Haryana, the Respondent was acquitted. The State filed an appeal soon thereafter in the Supreme Court which remained pending. Ultimately on 4th February 2003 the Supreme Court dismissed the said appeal thus upholding the acquittal of the Respondent.

(3.) The Respondent filed Writ Petition (Civil) No. 6698 of 2003 in this Court praying for reinstatement in service with consequential benefits. While the writ petition was pending on 19th November 2004 the Appellant Mahanagar Telephone Nigam Limited ( MTNL ), the successor to the Delhi Telephones, reinstated the Respondent.