RAM CHANDRA Vs. JAI NARAIN VYAS UNIVERSITY JODHPUR

JUDGEMENT

(1.) THIS writ petition was filed by original petitioner Ram Chandra, who was class IV employee of the respondent University. He worked with the University from 3. 6. 1963 upto 21. 2. 1986, the date on which his services were terminated by the impugned order at Annex. 4. Before termination, he was placed under suspension by an order dated 30. 1. 1984. Thereafter, he was served with show cause notice dated 12. 3. 1985, which was replied by the original petitioner and after considering the same, by the impugned order dated 21. 2. 1986 (Annex. 4) his services were terminated.

(2.) ALMOST for the identical charges of petty theft of supplementary, a criminal case was also filed against him, which was registered as criminal case no. 185/84 for the offences punishable u/s. 380, 420 and 465 I. P. C. Unfortunately, as usual, there was a gross delay of ten years in conclusion of that criminal case, which resulted into the order of acquittal dated 19. 8. 94 passed by the learned Additional Chief Judicial Magistrate No. 1, Jodhpur. Instead of rushing to this Court immediately after the order of acquittal was passed in his favour, he approached the respondent University by representation dated 14. 12. 1994, 22. 3. 1995 and 23. 8. 95 requesting the University to take him back into service in view of the order passed in his favour of the competent criminal Court. All the said three representations were finally replied by the University on 11. 11. 1995 (Annex. 3) stating that his request to take him back in service cannot be accepted. Without wasting further time, this petition was filed before court on 15. 1. 1996 by the original petitioner Ram Chandra challenging the orders dated 11. 11. 1995 (Anex. 3) rejecting his representations and the order dated 21. 2. 1986 (Annex. 4) terminating his services. On 16. 2. 1996, this petition was straightway admitted and notice was ordered to be issued to the respondents. In response to the said notice, detailed reply affidavit has been filed by the respondent University alongwith the death certificate of original petitioner Ram Chandra, who died on 1. 4. 1997 during the pendency of this writ petition. On the death of Shri Ram Chandra, his legal representatives i. e. his widow and three children, one son and two daughters have come on record and prosecuted this petition.

(3.) ONCE the competent criminal court acquitted the deceased accused for the almost identical charges levelled against him then it was not open to the respondent University to turn down his representations in one line that his request cannot be accepted. Thus, the decision taken by the respondent University at Annex. 3 was also bad.