MUSHTAQ AHMED Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The prayer made by the petitioner in this petition filed under Article 226 of the Constitution is to quash suspension order dated December 29, 1995 (P-3) and subsequent dismissal order dated November 3, 2001 (P- 5). A further prayer has been made for quashing order dated April 26, 2004or (P-8) passed by respondent No. 4 rejecting the claim of the petitioner for reinstatement in service with all consequential benefits. The petitioner has also sought direction to the respondents to reinstate him in service with continuity and with all service benefits including full back wages w.e.f.or December 29, 1995, pay fixation, seniority etc. alongwith interest.

(2.) It is undisputed that the petitioner was placed under suspension on December 29, 1995 (P-3) on the ground that an FIR No. 160 dated August 27, 1993, under Sections 406/ 420 IPC registered at Police Station Nuh. In a departmental enquiry held by the respondent School, the petitioner was exonerated of the charges levelled against him. The Judicial Magistrate in the police case found the petitioner guilty under Section 420or read with Section 471 IPC vide order dated September 19, 2001 (P-4).or Consequently, the petitioner was dismissed from service on the basis of conviction (P-5). However, his conviction was set aside, on appeal, by the Sessions Judge, Gurgaon on November 12, 2002 (P-6). Therefore, the claim made by the petitioner in the instant petition is that his suspension order be set aside and he be reinstated in service alongwith all consequential benefits.

(3.) When the case came up for consideration on September 12, or 2006, we have passed the following orders :-