PRAGNESHKUMAR M. PANDYA Vs. UNION OF INDIA

JUDGEMENT

(1.) IS the applicant entitled to be reinstated in service after revoking the order of dismissal on the ground that he has been ordered to be released on probation by the Criminal Court invoking the provisions contained in the Probation of Offenders Act, 1958? Applicant was working as Technical Assistant (Mechanical) under the Public Works Department in the Union Territory of Dadra & Nagar Haveli at Silvasa during 2001 -2002. During that period he was prosecuted in the Court of Chief Judicial Magistrate, Dadra and Nagar Haveli at Silvasa for an offence punishable under Section 332 of the Indian Penal Code and convicted and sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 1000/ -.

(2.) AS an aftermath of his conviction, the applicant was dismissed from service under Rule 19 of the CCS (Classification, Control and Appeal) Rules, 1965 (for, short, "the Rules"). It appears that the said order passed by the Disciplinary Authority had become final.

(3.) THE sole prayer in this Original Application is to issue a direction to the respondents to reinstate the applicant in service with effect from October 31, 2002, the day on which he was dismissed from service with all consequential benefits including back -wages.