BHAVESH PATIL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE petitioner before this Court has filed the present petition being aggrieved by an order dated 3.8.11 (Annexure- P/10) passed by the Ujjain Development Authority (in short "UDA") cancelling the appointment of the petitioner.

(2.) THE contention of the petitioner is that an advertisement was issued on 19/21.1.11 inviting applications for the post of Sub-Engineer (Civil) for Scheduled Caste reserved category under the special recruitment drive and the petitioner submitted his application in response to the aforesaid advertisement. A written examination was held on 7.4.11 and finally the petitioner was selected for the post in question. An appointment order was issued on 4.6.11, appointing the petitioner as a Sub-Engineer. The petitioner has further stated that some incident took place on 31.5.11 for an offence under section 392 of the Indian Penal Code and a FIR was lodged on 1.6.11. The petitioner was arrested on 15.6.11, meaning thereby after his appointment and was released on bail on 8th July 2011. The petitioner's contention is that a mobile was purchased by him from his friend and it was allegedly a mobile involved in the incident which took place on 31.5.11 and he was not aware of the fact that it is a stolen mobile. The petitioner has further stated that later on he was acquitted in the criminal case on 29.3.12. The petitioner's grievance is that though he was appointed on a regular basis against a sanctioned post, a resolution was passed on 2.8.11 to discontinue the petitioner from services and finally on 3.8.11 while the criminal case was going on, the petitioner's appointment order itself has been cancelled by the respondent No.2. The contention of the petitioner is that for purchasing a stolen mobile he has lost his job and the action of the respondents is bad in law in light of the petitioner's acquittal vide judgment dated 29.3.12.

(3.) HEARD the learned counsel for the parties at length and perused the records. The matter is being disposed of with the consent of the parties at motion stage itself.