SATYAPAL @ SATPAL Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Prayer in this petition filed under Articles 226/227 of the Constitution of India is for issuance of a writ in the nature of certiorari for quashing the order dated 24.6.2016 (Annexure P-5) passed by the Inspector General of Police, Railways & Commando, Haryana, Panchkula.

(2.) This Court vide order dated 012015 passed in Criminal Revision No.849 of 2009 has acquitted the petitioner of the charges under Sections 221 and 120-B IPC in FIR No.391 dated 16.9.1998, registered under Sections 221, 222, 120-B, 506, 34 IPC at Police Station Model Town, Panipat. As a result of acquittal, the petitioner has been reinstated to service vide order dated 24.6.2016. Since the trial Court had convicted the petitioner, he had to spend time in jail till he was released on bail. While awarding reinstatement, the respondents denied payment of arrears of salary to the petitioner for the period of absence till reinstatement due to criminal charges.

(3.) Without holding a departmental proceedings, the petitioner has been punished by an order of reversion from the post of EASI to Head Constable vide order dated 15.5.2009 (Annex P-1) due to pendency of the criminal case. The petitioner has approached this Court by way of this petition for grant of backwages from 28.5.2009 to 30.6.2016 in view of his acquittal of the criminal charges.