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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.