GANESH PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) WHILE the petitioner was working as a clerk in Jharkhand Armed Police -4, at Bokaro, a First Information Report was lodged by the informant putting allegation that this petitioner made an attempt to commit rape on his daughter and on the said allegation, First Information Report was instituted under Sections 376/511 of the Indian Penal Code. On getting such information, preliminary enquiry was made by the authority of the Jharkhand Armed Police. On enquiry allegation being found prima facie true, department proceeding was initiated against the petitioner. Thereupon, the petitioner filed a writ petition, bearing W.P. (S) No. 6093 of 2002 challenging the continuation of the proceeding on the ground that such proceeding has been initiated on the same allegation, upon which First Information Report was lodged but this Court did not interfere in the matter. However, it was observed that in case of acquittal, petitioner may take advantage in appeal. Thereafter the petitioner on being found guilty was dismissed from the service. Thereafter an appeal was preferred that also got dismissed and then memorial preferred by the petitioner was also rejected. However, the petitioner was acquitted in criminal case and then filed a representation before the Deputy Inspector General, Jharkhand Armed Police, Ranchi, respondent No. 2 on 28.3.2007 with a prayer to reinstate the petitioner in the event of his acquittal in criminal case. But no order was passed and therefore, the petitioner was left with no option but to file this writ petition for a direction to the respondent to reinstate the petitioner in service.

(2.) LEARNED Counsel appearing for the petitioner submits that since the petitioner has been acquitted from the criminal charge on which charge, the petitioner on being found guilty in a departmental proceeding was terminated, the petitioner deserves to be reinstated in the service, in view of the decision rendered in a case of G.M. Tank v. State of Gujarat and Ors. (2006)IIILLJ1075SC .

(3.) I do find substance in the submission made on behalf of respondent -State.