MUKESHKUMAR PREMSHANKER JOSHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. With the consent of the parties, the matter is taken up for final hearing today.

(2.) It is unfortunate that the petitioner is required to knock the doors of this Court even though he was required to be reinstated in service in view of the acquittal order passed in his favour.

(3.) The petitioner is serving as a primary teacher at Velavadar Primary School and, at present, he is under suspension. By order dated 18th October, 1997, he was placed under suspension by the order of the District Primary Education Officer. The petitioner was suspended in view of the criminal case which was pending against him under Section 302 of the Indian Penal Code. It is not in dispute that in view of the pendency of the said Criminal Case, the petitioner was placed under suspension. It is not in dispute that the petitioner was acquitted under Section 235(1) of the Code of Criminal Procedure. The operative part of the said order is also produced by the petitioner at page 6 of the compilation, at Annexure 'B'. After his acquittal, he is not subjected to any departmental proceedings in any manner and he continued in suspension only in view of the aforeaid criminal case. The say of the petitioner is that even though he is now acquitted, in spite of various representations, from time to time, he is not taken back in service.