RAVINDER SINGH SAMBYAL Vs. STATE AND OTHERS

JUDGEMENT

(1.) Facts giving rise to the filing of this writ petition briefly stated are that the petitioner was initially appointed as Accounts Assistant in the month of June, 1984 and subsequently promoted as Assistant Accounts Officer on 14.06.2004. While discharging the duty as Assistant Accounts Officer, an FIR No.01/2004 for alleged commission of offences under Section 5(1) read with Section 5(2) Prevention of Corruption Act, 2006 and Section 161, RPC was registered against the petitioner by the Vigilance Organization, Jammu on 25.03.2004. The petitioner was accordingly placed under suspension by respondent No.2 vide Government Order No.260-Accounts of 2004 dated 14.06.2004. Accordingly, the petitioner remained attached in the Office of Principal, Northern Zonal Accountancy Training Institute, Jammu. The charge sheet under Section 173, CrPC was submitted before the Court of Special Judge Anti Corruption, Jammu and the petitioner faced the trial. The Trial Court vide judgment dated 25.04.2011, whereby the petitioner earned acquittal from the charges.

(2.) Petitioner filed representation dated 26.07.2011 requesting to reinstate and grant of promotion to the petitioner as Accounts Officer in view of his acquittal from the Trial Court. Non consideration of the representation of the petitioner, the petitioner filed SWP No.878/2012 seeking quashment of Order No.260-Accounts of 2004 dated 14.06.2004 whereby and whereunder the petitioner was placed under suspension and also seeking direction to the respondents to reinstate him along with arrears of the salary as well as promotion to Accounts Officer w.e.f. 28.01.2011, that is, date when person junior to the petitioner, namely, Ali Mohd Bar, Ali Mohd. Mir, Farooq Ahmed Shah and Sudesh Raj were promoted to the posts of Incharge, Accounts Officer from me posts of Assistant Accounts Officer. This Court in terms of order dated, 19.04.2012, directed respondent No.2 to consider the petitioner's case seeking reinstatement in service in view of his acquittal recorded by Special Judge Anti Corruption, Jammu. In compliance whereof, the respondents issued order for reinstatement of service of the petitioner dated 15.05.2012 prospectively. Being aggrieved of non-granting of reinstatement with effect from 14.06.2004, the petitioner filed SWP No.3338/2014 whereby inter alia seeking:

(3.) However, at this stage, learned counsel for the petitioner stated at the Bar that he was under instructions not to press qua prayer (a) to (c) and (e) and also requested to dismiss the said prayers, though he will be confined only to the extent of the prayer i.e. seeking Mandamus, commanding the respondents to pass a formal order of reinstatement of the petitioner w.e.f. 14.06.2004 and also to pass a formal order to settling the period of suspension of the petitioner w.e.f.14.06.2004 to 15.05.2012 as on duty and to release all the consequential benefits including arrears of salary and also seeking promotions to the petitioner as Accounts Officer. His statement is taken on record. In view of the statement made by the petitioner at the bar, prayers (a) to (c) and (e) accordingly, dismissed. In view of dismissal of Prayers (a) to (c) and (e), Petitioner has no grievance against the private respondents. Accordingly, the writ petition with the consensus of the learned counsel, for the parties is admitted at the admission stage and taken up lot final consideration.