SHAMEEM KHAN Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) THIS writ petition under Article 226 of the Constitution of India has been filed by the petitioner on 29.8.2001 against the respondents with the prayer that by an appropriate writ, order or direction, the orders dated 13.11.1997 (Annex. 3) passed by the respondent No. 3 Dy. Forest Conservator, Aravali Plantation Project, Banswara by which on conviction of the petitioner for the offence under Section 120 -B, 201 & 302, IPC by the learned Addl. Sessions Judge, Banswara through judgment dated 22.11.1996, he was removed from service and dated 26.7.2001 (Annex. 7) passed by the respondent No. 2 Divisional Forest Officer, Banswara by which the prayer of the petitioner for reinstatement on his acquittal by the Division Bench of this Court vide judgment dated 23.3.2001 (Annex. 4), was refused, be quashed and set aside and the petitioner be reinstated in service with all consequential benefits.

(2.) THE case of the petitioner as put forward by him in this writ petition is as follows:

(3.) THERE is no dispute on the point that the petitioner was first convicted and sentenced by the learned Addl. Ssessions Judge, Banswara vide judgment and order dated 22.11.1996 for the offence under Sections 120 -B, 302 & 201, IPC and thereafter, he was removed from service vide impugned order Annex. 3 dated 13.11.1997 and there is also no dispute on the point that the Division Bench of this Court vide judgment dated 23.3.2001 (Annex. 4) acquitted the petitioner of all the charges framed against him.