A R TRIVEDI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this petition, the petitioner has prayed to quash and set aside the order of the Deputy District Development Officer, Banaskantha, dated 19.9.1997 and the District Development Officer, Dated : 28.4.1999 as well as the order of Additional Development Commissioner, Gujarat State, Dated : 19.1.21 and thereby to treat the period from 12.7.1995 to 1.4.1997 as continuous service for all purpose and consequential benefits.

(2.) THE brief facts leading to the filing of the present petition are that the petitioner, herein, joined the services as Junior Clerk with the District Panchayat, Banaskantha. The wife of the petitioner committed suicide on 9.7.1995 and a complaint was came to be lodged against him and his family members before the Tharad Police Station, being I- C. R. No. 9 of 1995, for the offence punishable under Sections 498(A), 36, 32, 34(B), 21 and 114 of the Indian Penal Code. The petitioner came to be arrested on 12.7.1995 and he was put under suspension vide order dated 3.8.1995, with effect from the date of his arrest, i.e. 12.7.1995. On filing of the charge sheet in connection with the aforesaid FIR, the same was numbered as Session Case No. 16 of 1996. On completion of the trial in the aforesaid case, the Sessions Court acquitted all the accused including the petitioner.

(3.) ON the other hand learned Counsel for the respondents have supported the orders passed by the competent authorities and have contended that taking into consideration the fact that the petitioner was in judicial custody during the period for which he is seeking continuity, same cannot be granted and this petition deserves to be dismissed.