BRIJESH CHANDRA MISHRA S/O SH. PRABHU DAYAL MISHRA, AGED 45 YEARS, R/O 3 Vs. STATE OF RAJASTHAN THROUGH THE DIRECTOR (SECONDARY), EDUCATION DEPARTMENT, GOVERNMENT OF RAJASTHAN, BIKANER

JUDGEMENT

(1.) Heard learned counsels for both the parties.

(2.) Brief facts which have culled out from the petition are that the petitioner was initially appointed as LDC vide order dated 05.05.2000 after having been selected through the RPSC. He was confirmed on the said post with effect from 06.05.2002 vide order dated 09.05.200 The petitioner came to be involved in a criminal case lodged by one Om Prakash for offences under sections 420, 406, 120B IPC. He was arrested and thereafter released on bail but was suspended in view of rule 13 of the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 (herein after 'the Rules of 1958') vide order dated 06.10.2004.

(3.) In the criminal case, charge sheet was filed and during trial the case was compounded so far as offence under section 420 Penal Code is concerned and with regard to offences punishable under sections 406 and 120B IPC, the trial court granted benefit under section 4(1) of the Probation of Offenders Act holding that under section 12 of the Act releasing the petitioner on probation of one year shall not affect the government service of the petitioner. The judgment was passed on 06.08.2007.