SURJIT SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner, who was serving on the post of Patwari under the Revenue Department, State of Haryana, was placed under suspension on 13.5.1996 on account of involvement in a criminal case under the Prevention of Corruption Act (for short 'the Act'). He was reinstated on 19.9.1996 pending the outcome of criminal proceedings. Petitioner was convicted under Section 7 of the Act vide judgment dated 18.7.2000 passed by the learned Additional Sessions Judge, Yamuna Nagar and sentenced to one year imprisonment and a fine of Rs. 8,000/ -. Based upon such conviction, the petitioner was dismissed from service vide order dated 14.8.2000.

(2.) AN appeal filed by the petitioner against the judgment of conviction was allowed by this Court in the light of judgment dated 6.12.2010 at Annexure P1 in Criminal Appeal No.677 -SB of 2000. In consequence of the judgment of acquittal dated 6.12.2010, the Collector, Yamuna Nagar issued orders dated 16.9.2011, Annexure P2, reinstating the petitioner back in service w.e.f. 18.7.2000. The petitioner, however, was held not entitled to the salary for the period he remained out of service.

(3.) CHALLENGE in the instant writ petition is to the order dated 16.9.2011, Annexure P2, confined to the extent that the petitioner has been denied the arrears of salary for the period that he had remained out of service.