UPENDRASINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) The present petition filed under Article 226 and 227 of the Constitution of India takes an exception to the order dtd. 6/5/2009 (Annexure P/12) by which the petitioner's claim for the back-wages has been rejected by the respondents.

(2.) ) The facts adumbrated in nutshell are that the petitioner was appointed as Sub-Inspector in police department and at the relevant time, he was posted at Special Branch, Police Headquarter, Bhopal. A criminal case No.369/96 was registered at Police Station - Agar, Dist. Shajapur for commission of offences under Ss. 8/18 and 29 of N.D.P.S. Act. He was put under suspension by order dtd. 24/2/1997. The petitioner was convicted by the Court of Special Judge, Shajapur in Sessions Trial No.10/1998 and was sentenced to undergo 10 years RI and to pay a fine of Rupees One Lakh. Further he was convicted under Sec. 29 of NDPS Act and was sentenced to undergo 2 years RI and to pay a fine of Rs.500.00 under Sec. 58 (1) of NDPS Act and sentenced for six months RI and to pay a fine of Rs.500.00 and also under Sec. 211 of IPC, RI for 2 years and fine of Rs.500.00 by the judgment dtd. 4/8/1999.

(3.) ) The services of the petitioner were dismissed on account of the conviction by order dtd. 14/10/1999 as per para 238 of Police Regulations. Against the order of conviction, the petitioner filed an appeal before the High Court, Bench at Indore. The said appeal was allowed by judgment dtd. 8/11/2006 and the petitioner was acquitted of the charges. The petitioner approached the Department for setting aside his dismissal and reinstating him. He was reinstated by order dtd. 26/7/2007. His joining was accepted by letter dtd. 31/7/2007.