ABHESINH SHIVAJI ZALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocates for the respective parties. Perused the record.

(2.) By way of this petition, under Article 226 of the Constitution of India, the petitioner has prayed for a direction that the period from 16/1/1999 (i.e. date of termination) to 19/3/2015 (date of reinstatement) be treated as continuous for the purpose of counting the petitioner's service.

(3.) Facts in brief would indicate that the petitioner was appointed as Guardsman on 30/5/1987. On 26/11/1997, a complaint was filed against the petitioner under the Prevention of Corruption Act , 1988. On 12/1/1999, charge-sheet was filed. On account of this, on 16/11/1999, services of the petitioner were terminated. The Sessions Court in a Judgment on 28/9/2004 in Special Case No.10/1999 acquitted the petitioner of the corruption charge. The State challenged the acquittal by filing Criminal Appeal No.105 of 2005. The High Court by a judgment and order dtd. 19/3/2015 dismissed the Appeal of the State. The State on 18/6/2016 issued an order to reinstate the petitioner which was however complied with on 29/6/2016.