DARBARI LAL Vs. STATE OF U P

JUDGEMENT

(1.) S. L. Saraf, J. Heard Sri R. D. Agar-wal learned counsel for the petitioner and Sri A. N. Rai, learned Standing counsel ap pearing for the respondents.

(2.) THE brief fact of the case is that the petitioner was appointed to the post of Panchayat Sewak under the Block Develop ment Officer, Nawabganj, Bareilly vide ap pointment order No. 1223-24 dated 7-6- 1960 in grade Rs. 50-2-60-75 issued by respondent No. 2. THE said order of ap pointment is annexed as Annexure 1 to the writ petition. It appears that the petitioner continued in the said service for a period of twenty years but thereafter on llth December 1979 a first information report was lodged against the petitioner under Section 409 I. P. C. THE said criminal proceedings continued for fifteen years and by an order dated 17th October, 1995 the petitioner was acquitted by the Additional Chief Judicial Magistrate, Vlth, Bareilly on a finding that the petitioner was not guilty of any offence under Section 409 I. P. C. In the meanwhile by an order dated 20th February, 1980 an order for termination of service was passed by the District Panchayat Raj Officer, the respondent No. 2 in the following words: "services of Sri Darbari Lal Sharma, Panchayat Sewak, Fatehganj, West Block are no more required with immediate effect. "

(3.) IN view of the above observation of the Supreme Court the authorities are bound to reinstate the petitioner and to pay him all his back wages and I direct them to do so within a period of three weeks from the date of service of the order upon the respondents.