CHANDRAJEET KUMAR Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) The only grievance of the petitioner is that the respondents should regularize his services for the period from 18.10.2005 to 13.8.2008 during which period he was under suspension on account of pendency of a criminal case in which he was acquitted and his suspension was subsequently revoked.

(3.) It transpires from the Office order dated 18.10.2005 that the petitioner was placed under suspension on his being taken into custody from 28.7.2005 in terms of Rule 99 of the Bihar Service Code now Jharkhand Service Code (Annexure-4). It appears from the judgment rendered by the learned 2nd Additional Sessions Judge, (Hilsa) Nalanda in S.T. No. 844 of 2005 dated 5.8.2008 (Annexure-5) that prosecution of the petitioner along with 3 others was for the offence under Section 498A/34 and 304B/34 of the Indian Penal Code for committing dowry death of Maya Devi, Grand Daughter of the informant and also cruelty in marriage. After the acquittal of the petitioner his suspension was revoked by the order dated 6.11.2008 (Annexure-8) bearing memo No. 1030 passed by the Superintending Engineer Building Circle No. 2, Ranchi- respondent No. 6. The said order indicates that on petitioner being acquitted of the charges by the Trial Court and he being released from custody on 6.8.2008, the order of suspension is being revoked w.e.f. 14.8.2008 and direction is issued to make payment of salary etc from the date of his joining.