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Judgment
By way of this writ petition the petitioner has
challenged the order dated 02.06.2014 whereby the
petitioner who was selected and given appointment of the
PTI Grade-III vide order dated 13.07.2013, was disallowed
to join on the ground that a case was registered against
him under Sections 420, 467, 468, 471 and 120B IPC. This
Court vide order dated 23.08.2013 in S.B.C.W
No.10555/2013 directed the authorities to examine the
representation and take a decision whether the petitioner
should be allowed to join or not.
In consequence thereof, the Director, Secondary Education passed an order on 02.06.2014 take a decision
not to allow the petitioner to join. Keeping in view of the
nature of offences for which the petitioner had been charge-
sheeted. Taking into consideration that the offences relate
to moral turpitude and considering that charge-sheet had
already been filed, the Director has denied the petitioner to
join on the post. The petitioner has assailed the said order
by way of this writ petition. During the pendency of the writ
petition it has come on record that this Court while in
exercising power under Section 482 Cr.P.C. in S.B. Criminal
Misc. petition No.621/2016 vide order dated 26.05.2016,
has quashed the criminal proceedings pending against the
petitioner under Sections 467, 468, 471 and 120B IPC.
In view of the quashing of the criminal proceedings
now it cannot be said that there is any embargo in allowing
the petitioner to join his duties. Counsel for the respondent
has also agreed that this Court had already quashed
criminal proceedings, however, suggests that representation
may be made to the Director.
Taking into consideration all the aspects this Court
finds that no further purpose would be served in sending
the petitioner back to the Director for take a decision on
representation.
In view of the subsequent quashing of the criminal
proceedings, it is directed that the petitioner be allowed to join now on the post of PTI Grade-III at the place which
was allotted to him vide order dated 13.07.2013 with all
consequential benefits including seniority etc., however, his
salary shall be notionally fixed from 13.07.2013 up to this
date and actual payment shall be made after making pay
fixation accordingly.
The writ petition is allowed in aforesaid terms.