DELHI DEVELOPMENT AUTHORITY Vs. SURINDER PAL JAIN

JUDGEMENT

(1.) This appeal is directed against the judgment dated 13th May, 1998 of the learned Single Judge setting aside the order of termination of the services of the respondent/writ petitioner and holding him entitled to back wages w.e.f. 5th March, 1993 with continuity in service from 1968 for the purpose of promotion.

(2.) Respondent was appointed as work assistant against a temporary post in the DDA/appellant No.1 in December 1968 and was there after promoted as Junior Engineer (Civil) on 5th September, 1969. As a result of the respondent's detention in police custody for a period exceeding 48 hours w.e.f. 26th July, 1976 in case FIR No. 313 dated 20th July, 1976 under Section 302 Indian Penal Code, P.S. Hauz Khas, he was placed under suspension by the Vice Chairman, appellant No.2 vide Estt. Order No. 1985 dated 23rd September, 1976 (Annexure P-1). Later on services of the respondent were terminated by appellant No.2 under sub-rule (i) of Rule 5 of the Central Civil Services (Temporary Service) Rules, 1965 as extended to the exployees of appellant No.1/Authority vide Estt. Order No.2675 dated 6th December 1976 (Annexure P-2 ). In session case No.106/76 arising out of the said FIR, the respondent was acquitted of the charge under Sections 302/203 Indian Penal Code on 26th September, 1977 by an Additional Session Judge, Delhi. Present writ petition seeking to quash of the aforesaid orders dated 26th September, 1976 and 6th December, 1976 and reinstatement in service with back date came to be filed by the respondent on 19th December, 1978. In the meantime, State filed appeal against the order of acquittal of the respondent and the same was allowed by the judgment dated 12th November, 1984 and the respondent was convicted and sentenced for the offences punishable under Sections 302/303 Indian Penal Code. In criminal appeal No.123/85 taken out by the respondent against the said judgment the Supreme Court set aside the judgment of the High Court convicting him of the offences under Sections 302/203 Indian Penal Code by the judgment dated 5th March, 1993. Order under appeal came to be passed after the respondent was acquitted by the Supreme Court.

(3.) Estt. order No.1985 dated 23rd September, 1976 (Annexure P - 1 ) passed by the Vice Chairman/appellant No.2 which is relevant reads as under :-