DIRECTOR GENERAL OF POLICE Vs. VIJENDRA KUMAR BAKOLIA

JUDGEMENT

(1.) Being aggrieved by the judgment and order dated 27.7.2012 passed in S.B.Civil Writ Petition No.1170/2011 directing reinstatement of the respondent/writ petitioner in service, the instant appeal has been filed.

(2.) We have heard Mr.Tej Prakash Sharma, learned counsel for the appellants and Mr.Ajay Rajawat, learned counsel for the respondent.

(3.) In response to an advertisement issued during 2008-09 for appointment to the post of Constable (G.D.) with the Central Reserve Police Force, the respondent/writ petitioner offered his candidature, whereafter he appeared in the written examination, and on the conclusion of the selection process, was selected for the post. He was thereafter provided appointment on 23.1.2009, but his services were terminated soon thereafter on 20.7.2009. It transpired that the termination was in view of FIR No.124/2002 lodged against him with the Police Station, Losal, District Sikar under Section 498-A of the Indian Penal Code. The records reveal that following the investigation of the above case, a charge-sheet was submitted only against one Ashok Kumar, Nanag Ram and Phooli Devi under Sections 498-A and 307 IPC. No charge-sheet was submitted against the respondent/writ petitioner. In the trial that followed, the accused persons therein were convicted, whereafter criminal appeal No.29/2007 was preferred by them, and eventually, the conviction was interfered with.