PARSU RAM Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THE writ petitioner has been dismissed from services on the ground of conviction recorded by the regular criminal court and this conviction has been recorded in connection with the First Information Report made under Section 467, 468, 420 and 409 of I.P.C. The appeal has been preferred against the conviction and sentence it has been submitted before me that the petitioner is enlarged on bail. It is settled position of law, in case of acquittal, sometimes if the charges in the domestic proceeding and that of in criminal proceeding are identical, the employer has discretion to consider the case whether the dismissal order should be maintained, in case of acquittal.

(2.) I , therefore, dispose of the writ petition giving liberty to the petitioner to make a representation, in the event conviction and sentence of imprisonment is set aside and petitioner is honorably acquitted on merit.