D M GOHIL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is filed against the summary dismissal of Special Civil Application No.9527 of 1999.

(2.) Appellant was the original petitioner. He was prosecuted for offences punishable under the Prevention of Corruption Act, 1947. He was, however, acquitted by a Special Court. Being aggrieved and dissatisfied by the acquittal recorded by the trial court, the State has filed Criminal Appeal No.758 of 1994. The said appeal is already admitted by this Court and is pending for final hearing.

(3.) It appears that after the appellant was acquitted, an order of reinstatement was passed in his favour on 6/09/1995 - (Annexure 'C' to the petition). The appellant, in view of the acquittal recorded by the Special Judge was ordered to be reinstated on certain terms and conditions. One of the conditions provided that since a decision was taken to challenge the order of acquittal recorded by the trial court by filing an appeal in the High Court of Gujarat, the appellant would be bound by the decision which would be rendered by the High Court of Gujarat and in the meanwhile he will not claim regularisation of the period of suspension. The appellant was actually reinstated on 30.9.1995 but he did not give undertaking which was to be given as per the terms and conditions of the order of reinstatement Annexure 'C'. Hence, a communication came to be issued on 12.9.1996 Annexure 'D'. The appellant, by a letter on 18/09/1996 informed the department that he would not insist for regularisation of his services till the appeal filed against him will be finally disposed of (Annexure 'E' to the petition).