BABU RAM Vs. DISTRICT MAGISTRATE SITAPUR

JUDGEMENT

(1.) BY means of the present writ petition the petitioner has challenged the dismissal order dated June 24, 1992, on the basis of which he has been dismissed from service from the post of Collection Amin.

(2.) THE facts giving rise to the present petition are that the petitioner was appointed as collection Amin on May 9,1977 and since then he was discharging his duties. He was placed under suspension on August 20, 1991 and thereafter a charge-sheet was issued to him on august 22,1991 to which he submitted reply on september 16, 1991. The departmental proceedings thereafter proceeded by giving opportunity to the petitioner and the impugned dismissal order was passed on June 24, 1992. The petitioner was given opportunity of cross-examination during the course of inquiry and so no procedural error is evident from the enquiry.

(3.) THE submission of the learned counsel for the petitioner is that with the placement of petitioner under suspension on August 20,1991 an F. I. R. was lodged against the petitioner on july 29, 1991. The departmental proceedings as well as the criminal trial proceeded simultaneously and the petitioner was acquitted in the criminal charge on February 15, 2001. After the conclusion of the departmental proceedings the petitioner was dismissed from service by means of the impugned order dated june 24, 1992. He further submits that the opposite parties should have waited for the conclusion of the criminal trial especially when the charge in the criminal trial and in the disciplinary proceedings was the same, but in spite of that the opposite parties proceeded to dismiss the petitioner from service. He also submits that the charge being the same in the departmental proceedings as well as in the criminal trial, the petitioner is entitled for reinstatement after this acquittal in criminal case on February 15, 2001.