NETRAM Vs. STATE OF U. P.

JUDGEMENT

(1.) The petitioner, a tubewell operator in the Tubewell Division of the Department of Irrigation, Government of Uttar Pradesh, last posted at Bareilly, seeks redemption of his lost service and its incidents, to wit, payment of his emoluments for the period that he was out of service, pension etc. The petitioner lost his service in consequence of conviction in a criminal case on charges of corruption by the Trial Court. Now that he has been acquitted in appeal by this Court, he says that he is entitled to the revocation of the order of his dismissal from service dtd. 28/12/1983 with consequential benefits.

(2.) The facts, giving rise to this writ petition, are:

(3.) The aforesaid information was conveyed to the Executive Engineer, Tubewell Division, U.P., Bareilly by the Superintendent of Police, Anti-Corruption Organization, C.I.D., U.P., Lucknow vide letter dtd. 16/11/1983. Acting on the said information, the Executive Engineer, Tubewell Division, Bareilly, vide his Order No. 46/83-84 dtd. 28/12/1983 dismissed the petitioner from service, consequent upon conviction. No departmental proceedings were initiated or held against the petitioner, where he was found guilty. The dismissal from service was based, according to the petitioner, on the judgment of conviction alone, passed by the Trial Judge.