DHARAM PAL Vs. FINANCIAL COMMISSIONER, HARYANA

JUDGEMENT

(1.) This petition has been filed under Article 226/227 of the Constitution of India, praying for issuance of a writ in the nature of certiorari, quashing Orders dated 31.7.2001(Annexure P-1), 26.6.2006 (Annexure P-2),3.7.2007 (Annexure P-3) and 25.9.2009 (AnnexureP-4).

(2.) Learned Counsel for the Petitioner has argued that Petitioner was appointed as Lambardar. Subsequently, however, the Petitioner was involved in a criminal case and after trial, was convicted. On account of conviction, the Petitioner was dismissed from the post of Lambardar and the order was maintained up till there visional authority viz. Financial Commissioner, vide Orders Annexure P-1 to P-3.

(3.) Learned Counsel has argued that the Petitioner has been acquitted by the appellate Court viz. High Court, therefore, in the changed circumstances; the Petitioner filed a review application before the Financial Commissioner which has been dismissed. It has been argued that in view of acquittal of the Petitioner, the disability has been removed and the Petitioner has a right to be re-appointed/ continued as Labrador, in view of judgment of acquittal.