SANJAY KUMAR RAI Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner who was in the service of the Central Industrial Security Force has filed the present petition challenging the communication dated 11/10/2012 by which representation made by the petitioner for reinstatement in service, in view of the acquittal in the criminal case, has been rejected by the respondents.

(2.) Admittedly, the petitioner was dismissed from service after a full fledged departmental enquiry by an order dated 18/2/2005. The dismissal order was challenged by the petitioner in a departmental appeal and then a revision. However, the same was confirmed. Thereafter the petitioner had filed Writ Petition No.297/2005 before this Court which came to be rejected by the Division Bench by an order dated 7/11/2006. Further Review Petition No.25/2007 was also filed seeking review of the orders dismissing the Writ Petition. This Court dismissed the Review Petition by order dated 11/12/2007. The petitioner thereafter had approached the Hon'ble Supreme Court in SLP No.69876988/2009 which was dismissed by order dated 7/7/2009. The issue on the departmental proceedings accordingly attained finality however at that time the criminal proceedings against the petitioner were pending.

(3.) By an order 18/6/2012 passed by the learned Metropolitan Magistrate, Andheri the petitioner was acquitted in the criminal proceedings. On the basis of this acquittal the petitioner made representation seeking reinstatement in service which is rejected by the impugned communication.