AJIT SINGH Vs. STATE OF MP AND OTHERS

JUDGEMENT

(1.) Petitioner, claiming to be a RTI Activist has filed this writ petition, Pro Bono, and it is his case that disciplinary action should be taken against respondent Nos. 5 and 6 with regard to their conduct and act of directing for reinstatement and grant of full back wages to respondent No.7 initially and then cancelling that order ignoring a vital factor with regard to the conduct of respondent No.7 in producing a false, fabricated and manipulated order of acquittal passed by the High Court in a Criminal Appeal.

(2.) Facts in brief, go to show, that respondent No.7 was working as an Assistant Engineer in the department in question, he was prosecuted for offence under section 420 read with section 120-B of the Indian Penal Code, and sections 13(1)(d) read with 13(2) of the Prevention of Corruption Act, and vide order passed in trial, he was convicted. Challenging his conviction, he filed Criminal Appeal No.364/2011, and thereafter came out with a contention that vide judgment passed by a Division Bench of this Court, at Gwalior, on 17.9.2014, he has been acquitted of all the charges and, therefore, he should be reinstated. It is said that in the order passed in the Criminal Appeal, by the High Court, there was a consequential order for his reinstatement and payment of backwages.

(3.) However, subsequently it was found that this order was never passed by the High Court; Criminal Appeal No.364/2011 is still pending; and, the order - Annexure P/1 said to have been passed in the Criminal Appeal was a fabricated document for which a First Information Report has already been lodged and respondent No.7 is being proceeded in that regard.