RAM LAL SHARMA Vs. STATE OF J&K

JUDGEMENT

(1.) PETITIONER has been under suspension for 24 long years. He seeks re -instatement in service as a equal to his acquittal by the Criminal Court. Is he entitled to be re -instated is the question.

(2.) A Compo under -cum -Store - keeper in the V. D. stores of the Health Department petitioner came to be placed under suspension on 25.11.1968 after some shortages were discovered in the stores under his charge. He was put up for trial under section 409/467 RPC, but was acquitted of the charge by the Addl. Sessions Judge, Jammu on 14.6.1978. Pursuant thereto, he joined his duties and sought re -instatement in service. The State, however, reacted by filing an appeal against his acquittal which also was decided in his favor on 30 -4.1987 He again asked for his re -instatement through numerous representations filed before concerned authorities, but in vain. He has filed this writ petition as a last resort praying inter -alia that his suspension is quashed, the period of suspension be treated on duty and he be assigned his right place in the seniority list.

(3.) THIS petition was admitted to bearing on 30.11.1990. Respondents have not filed any counter to it and, therefore, averments made therein go un -controverter. But this aspect does not appear to be crucial in the controversy because most of the facts are by and large admitted and borne by the record. There is no denying the fact that petitioner has been languishing under suspension for the last 24 years now and that he was so suspended following investigation and trial of a criminal offence against him. It is also admitted that no departmental inquiry has been held against him till date. Therefore, all that requires to be seen is whether he deserved to be re -instated following his acquittal in the criminal case.