STATE OF RAJASTHAN Vs. VIJAY SINGH

JUDGEMENT

(1.) The instant-intra court appeal has been preferred by the State of Rajasthan for assailing the judgment dtd. 7/9/2021 passed by learned Single Bench of this court whereby the writ petition preferred by the writ petitioner was disposed of with a direction upon the appellants-respondents to consider and decide comprehensive representation, to be submitted by the petitioner-respondent for passing formal order of reinstatement along with notional fixation of salary and other benefits for the period he had served in the appellant-department (including the period of his termination due to conviction in a criminal case).

(2.) Brief facts relevant and essential for disposal of the instant intra-court appeal are that the respondent-petitioner, while working on the post of constable in the appellants-respondents department (Police Department) was convicted vide Judgment dtd. 29/6/2015 passed by ACD Court, Jodhpur in Case No. 02/2007. Consequent to respondent-petitioner's conviction, the appellants-respondents, by an order dtd. 29/7/2015, terminated his services by exercising powers available under Rule 14(7) of the Rajasthan Civil Services (Classification, Control and Appeal) Rules 1958. On an appeal preferred by the respondent-petitioner against the Judgment of conviction, the appellate court acquitted him vide Judgment dtd. 15/5/2018. The respondent-petitioner filed an application dtd. 18/9/2018 before competent authority praying reinstatement in service but to no avail. Being aggrieved by the inaction of appellants-respondents on the application dtd. 18/9/2018, a writ petition was filed before learned Single Bench seeking direction upon the respondents to reinstate the petitioner in service with proper pay fixation. While the writ petition filed by the respondent-petitioner was pending adjudication before the learned Single Bench, the respondent-petitioner came to be selected and appointed on the post of Teacher Grade-II in the Education Department w.e.f. 2/11/2018. In view of the changed circumstances, the learned Single Bench was apprised that the respondent-petitioner does not wish to join services on the post of 'Constable', therefore, appellants-respondents may be directed to pass formal order of reinstatement so as to allow him fruits of the services rendered in the Police Department. The writ petition preferred by the respondent-petitioner was disposed of with a direction to the competent authorities to decide the representation, to be filed by the respondent-petitioner for issuance of a formal order of reinstatement with notional pay fixation and other ancillary benefits.

(3.) Shri Manish Vyas, learned AAG urged that during the pendency of the application dtd. 18/9/2018 seeking reinstatement, the respondent-petitioner, without the permission of Police Department appeared in the recruitment process for the post of Teacher Grade-II and joined service in Education Department w.e.f. 2/11/2018. Considering the fact that the respondent-petitioner had joined Education Department on the post of Teacher Grade-II w.e.f. 2/11/2018 without obtaining permission from the employer i.e. Police Department, he relinquished his right to seek formal order of reinstatement with notional pay fixation in the erstwhile department i.e. Police Department. Learned Counsel prayed that the impugned judgment dtd. 7/9/2021 deserves to be reversed.