RAM KISHORE Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) The prayer in the present petition is for quashing of order dated 30.05.2017 with a further prayer to issue a writ of mandamus directing the respondents to pay full salary and allowances for the period from 04.10.2008 to 28.12.2011 with interest.

(2.) It is stated that the FIR No.89 dated 30.10.2008 under Sections 119/213/342/368/370/120-B IPC and 7/8/49/88 of PC Act at Police Station, GRP, Jind, was registered against the petitioner on the allegation that the petitioner handed over the girl who was found on the railway station to one Satish and Satbir after receiving Rs.15,000/- and the said Satish thereafter brought the girl back to Jind Bus Stand and put her in the bus for Patiala and returned to his house. Meanwhile, the petitioner was suspended vide order dated 04.10.2008 because of the involvement in the above mentioned criminal case. However, the girl was never cited as a witness despite the fact that she was star witness and as a result, the prosecution failed to prove the case. Accordingly, the petitioner was acquitted vide judgment dated 14.03.2011 passed by the Special Judge under P.C. Act, Jind (for short, the trial Court) but at the same time, without holding any enquiry, the respondents proceeded to dismiss the petitioner, vide order dated 20.11.2008 by exercising the power under Article 311(2)(b) of the Constitution of India.

(3.) The petitioner challenged the said order by way of writ petition bearing CWP No.1157 of 2010. In the said writ petition, the High Court set aside the order dated 20.11.2008 on 29.07.2010 and granted liberty to the respondents to hold an enquiry and pass a fresh order.