LAWS(P&H)-1993-7-170

HARJAP SINGH Vs. STATE OF PUNJAB

Decided On July 08, 1993
HARJAP SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) Harjap Singh and another through the present writ petition filed by them under Articles 226/227 of the Constitution of India seek a writ in the nature of certiorari so as to quash Show Cause Notice, 'Annexure P5 as also order dated 5.1.1988, Annexure P7 vide which they were dismissed from service. Both of them were teachers and in consequence of conviction recorded against them in a criminal case registered against them under Sections 306/201 of the Indian Penal Code, they were dismissed from service. It is admitted position that in the appeal carried against the order of their conviction before the High Court, they were acquitted.

(2.) The prayer in the petition is, thus, to restore their status of teachers as they have been acquitted of the charge which was the only basis of their dismissal from service. The aforesaid prayer is also pressed for yet another reason that the co-accused who were tried alongwith the petitioners have since been reinstated in service and given all the benefits. The co-accused of the petitioners who were convicted were Smt. Jaswant Kaur, Amarjit Kaur and one Joga Singh. They were ordered to be reinstated vide order 8.1.1992. Copies of the same have been placed on the records of the Civil Writ Petition.

(3.) The averments of the petitioners in particular with regard to reinstatement of co-accused of the petitioner have not been denied.