K C RANA Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner K. C. Rana who is working as Assistant in the office of District Primary Education, Panipat has approached this Court through the present writ petition filed under Articles 226/227 of the Constitution of India. He is aggrieved against the stipulation contained in the order dated January 3, 2001 passed by the Director of Secondary Education Haryana, Chandigarh respondent No. 2 whereby he has been ordered to be promoted with effect from February 1, 1999 i.e. the date his junior was promoted but has not been held entitled to arrears on account of the aforesaid promotion.

(2.) RELEVANT facts : On September 9, 1994 when the petitioner was working in Government High School, Assadpur Nandnor, District Sonepet, an FIR against him as well as eight other persons was registered under Sections 415, 467,468, 471, 420 and 120 -B of the Indian Penal Code, 1860. In view of the registration of the aforesaid FIR, the petitioner was placed under suspension on October, 10, 1994.A copy of the order of suspension has been appended as Annexure P. 1. A show cause notice was issued to the petitioner. A departmental inquiry was ordered to be held. The said inquiry was conducted by the District Education Officer, Sonepat. A report was submitted on August 16, 2000. The petitioner was exonerated of the charges against him. A copy of the aforesaid report has been appended as Annexure P.2.

(3.) AFTER having been exonerated in the departmental proceedings as well as in the criminal proceedings, the petitioner moved a representation to the Director, Secondary Education, Haryana, Chandigarh requesting therein that his suspension period be treated as duty period and he be reinstated with all consequential benefits. He further claimed that he be also promoted from the date his junior was promoted. A copy of the aforesaid representation has been appended as Annexure P.4 with the petition. The request made by the petitioner was accepted by respondent No. 2. The petitioner was ordered to be reinstated. His suspension period was ordered to the treated as on duty. The aforesaid order of reinstatement of the petitioner passed by respondent No. 2 dated December 22, 2000 has been appended as Annexure P.5.