UNION OF INDIA Vs. SATYAPAL SINGH

JUDGEMENT

(1.) The matter comes up on an application preferred by the respondent-petitioner under Article 226(3) of the Constitution of India for vacation of ex parte interim order dtd. 14/3/2023 passed by this Court, however, with consent of the counsel for the parties, the Special Appeal itself is taken up for hearing. Heard learned counsel for the parties.

(2.) The present appeal has been filed against the order dtd. 12/10/2022 passed by the learned Single Judge of this Court, whereby, the writ petition of the respondent-petitioner was allowed and the action of the appellant-Department in reducing the qualifying service of the respondent-petitioner by 3128 days has been quashed and set-aside. Further, the order of recovery dtd. 22/6/2021 amounting to Rs.9,97,118.00 has also been quashed and set-aside.

(3.) Brief facts necessary to be noted for disposal of the present appeal are that the respondent-petitioner was enrolled in BSF on 16/10/1989 as a Constable (GD) at STC, BSF, Jodhpur. While in service, an FIR No.207/2000 under Sec. 302/34 IPC was lodged against the respondent-petitioner at Police StationSurajgarh, District Jhunjhunu and accordingly, he was arrested on 04. 01.2001 and was consequently placed under suspension w.e.f. 4/1/2001. The respondent-petitioner came to be convicted by Sessions Court, Jhunjhunu vide judgment dtd. 11/2/2002 and was sentenced to life imprisonment. Based on the conviction of the respondent-petitioner, he was dismissed from the service w.e.f. 18/4/2002 by order dtd. 19/4/2002. The respondentpetitioner filed an appeal before the High Court, which came to be dismissed. Whereafter, the respondent-petitioner approached the Hon'ble Supreme Court, who by its order dtd. 13/4/2011, acquitted the respondent-petitioner. The respondent-petitioner was reinstated vide order dtd. 4/8/2011 which reads as under :-