CHANDER KANT SAXENA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) - In this writ petition, the petitioner has prayed for quashing order dated 16.10.2008. Annex.-2, whereby, he was dismissed from service while working on the post of UDC for the reason that he was convicted by the Chief Judi. Magistrate, Dholpur for offence under Sec. 409, I.P.C. for a term of three years' rigorous imprisonment with fine of Rs. 10,000.00.

(2.) Contention of the petitioner is that the reason for his termination was judgment of conviction passed by the criminal Cour; but, against the said judgment dated 10.09.2008, appeal was preferred before the Sessions Judge, Dholpur and the learned Appellate Court vide judgment dated 15.01.2009 set aside the sentence awarded by the Chief Judi. Magistrate, Dholpur in Criminal Case No. 146/2008 while holding that judgment and sentence awarded to the petitioner was completely erroneous and against the law; meaning thereby, the petitioner was honourably acquitted by the appellate Court.

(3.) After acquittal by the learned appellate Court, as per the petitioner a representation was filed by him alongwith certified copy of the judgment of the appellate Court, but, the respondents did not give any heed to his representation so made by the petitioner, therefore, he has preferred this writ petition with a prayer that according to Rule 19 of the CCA Rules, he is entitled to reinstatement in service because he was dismissed from service on the ground of conviction only and none else.