ISHWAR CHAND Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner has approached this Court by way of filing the present petition for issuance of direction to the respondents to reinstate him in service with all consequential benefits as he has been acquitted of the charge by the trial Court in the criminal case.

(2.) BRIEFLY , the facts of the case, as made out in the petition, are that the petitioner was posted as Post Master at Village Gudha Branch of the respondent -department. The allegations against him were of mis -appropriation of money as the amount received by him from the depositors for depositing the same in their respective accounts in the post office was not deposited by him and some amount was also withdrawn by him from the accounts of the depositors without obtaining withdrawal request from them. An FIR was registered against the petitioner and thereafter, he faced trial before the Court and ultimately, he was acquitted of the charge vide judgment dated 27.10.2008 passed by the Additional Chief Judicial Magistrate, Karnal. The appeal against judgment of acquittal was also dismissed and the judgment of the trial Court was upheld.

(3.) THE case of the petitioner before this Court is that since, he has been acquitted of the charge by the trial Court and the allegations against him were not proved, he should be reinstated in service. A request has also been made to the respondent department to reinstate him with continuity of service.