(1.) By this writ petition, challenge is made to the order of dismissal dated 31.12.1990 so as the order passed on departmental appeal dated 31.12.1991.
(2.) Petitioner was served with a charge sheet containing two allegations. First allegation was regarding absence and second that he tried to snatch gold chain of witness Ramadevi who was sleeping in 'Musaafir Khana' at the railway station. After charge sheet and enquiry, order of punishment was passed. Petitioner preferred departmental appeal however it was dismissed.
(3.) Learned counsel for petitioner submits that basis of the order of punishment so as the order passed in departmental appeal was pendency of criminal case against the petitioner. The criminal case has now been decided where petitioner has been acquitted of the charges by giving benefit of doubt vide order dated 26.9.2011. In view of the above, very basis to pass order of dismissal no more survives. Petitioner made an application for reinstatement however no cognizance has been given. In view of above, a direction may be given to the respondents to reinstate the petitioner after recalling order of dismissal and order passed in appeal. Reference of the judgment of this court in the case of "Bahadur Ram versus State of Rajasthan & ors", 2008 2 WLC(Raj) 327 and "Chander Kant Saxena versus State of Rajasthan & ors",2010 4 WLC(Raj) 741 has been given.
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