DALIP SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) THE petitioner who was working as Secretary in the Singhran Co -operative Credit & Service Society Limited, Singhran, Tehsil & District Hissar (hereinafter mentioned as the Society) under respondent No. 3 had faced an FIR No. 262 dated 5.8.1982 under Section 409 of the Indian Penal Code registered in Police Station, Sadar Hissar. But despite acquittal vide order dated 25.7.1992 (Annexure P -1), he was not reinstated in service after recalling order (Annexure P -2) whereby he was removed from the service. After his acquittal, he made a representation to respondent No. 2 but the same did not bear any fruit, rather his request for reinstatement was declined on 20.3.1997, communication of which was sent to the petitioner on 3.4.1997 (Annexure P -5). In this petition, claiming impugned order (Annexure P -2) to be non -speaking and having been passed in violation of principles of natural justice, the petitioner has sought his reinstatement on the plea that he has been proved to be innocent on the basis of finding of acquittal recorded in the order dated 25.7.1992 by a court of competent jurisdiction.

(2.) STAND of the petitioner has been contested by the respondents. It is explained that the petitioner was not removed from service on account of mere registration of an FIR against him but, in fact he was removed from the service on the basis of his indictment in a departmental inquiry wherein it was found that he had embezzled Rs.1,69,176.19 Ps. and thereafter, he remained absent from duty for a considerable time. It is canvassed further that departmental inquiry had been conducted in accordance with rules and procedure prescribed for the same. Prayer for dismissal of the petition has been made.

(3.) WHEN rival claims of the parties are evaluated in the interface of factual matrix discernible from the material on record, it transpires that the petitioner has sought to take benefit of his acquittal recorded on 25.7.1992 (Annexure P -1) in trial which he had faced pursuant to registration of an FIR against him.