RAM DEO TIWARI Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner at the material time was serving as Sub Inspector, R.P.F and was placed under suspension by order dated 11th August, 1986 and thereafter dismissed from service on having been convicted under section 120B and 218 of Indian Penal Code and under section 5(2) read with section 5(1)(d) of the Prevention and Corruption Act in Special Case No.30 of 1971 whereby the petitioner was sentenced to under go RI for two years and one year under different provisions. The aforesaid action was taken by security order No. 198/86 dated 31st December, 1986.

(2.) The case of the petitioner is that he has been acquitted by the orders passed by the Patna High Court dated 13.12.1993 in Criminal Appeal No.51 of 1983. The petitioner submitted the copy of the judgment of the Patna High Court and asked for his reinstatement into service. Despite the petitioner having been called to meet various officers of the respondents, no action has been taken on the representation filed by the petitioner or upon the demand justice notice dated 26.2.99. The instant writ application has been filed praying for relief inter alia as under;

(3.) In the affidavit-in-opposition affirmed by the respondent No.3, it is stated that the RPF Rules, 1959 has since been repealed by RPF Rules, 1987 with the effect from 3.12.87. The affidavit-in-opposition is drafted in rather an unusual manner with the comments on certain provisions.