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Judgment
Vijay Kumar Shukla, J
At the outset, learned counsel for the petitioner submits that the present petition may be disposed of with a direction to the respondent No.1 Principal Secretary, Public Health and Family Welfare Department, Vallabh Bhawan, Bhopal (M.P.) to consider and decide the representation of the petitioner dated 15.04.2019 (Annexure P-4).
The facts of the case in short are that the petitioner who was working as Medical Officer, PHC, Lakhnadon, District - Seoni (M.P.), he was convicted for the offences under Sections 201 of the IPC vide order dated 28.02.2009 by the learned Sessions Court and was sentenced for two years of rigorous imprisonment and a fine of Rs.1000/-. Consequent to the aforesaid conviction, vide order dated 23.03.2010 petitioner was punished with major penalty of dismissal from the service under Rule 10(9) of the M.P. Civil Services (Classification Control and Appeal) Rules, 1966. Petitioner preferred Cr. Appeal No. 538/2009 against the order of conviction dated 28.02.2019 before this Court and vide order dated 29.11.2018 this Court has acquitted the petitioner.
Learned counsel for the petitioner submits that in view of the acquittal by this Court, the petitioner is entitled to be reinstated in service by setting aside the order of dismissal.
In view of the aforesaid facts, the present petition is disposed of with a direction to the respondents No.1 Principal Secretary, Public Health and Family Welfare Department, Vallabh Bhawan, Bhopal (M.P.) to consider and decide the representation of the petitioner dated 15.04.2019 (Annexure P-4) by passing an speaking order and by taking into consideration the order of acquittal dated 29.11.2018 passed by this Court in Cr. Appeal No. 538/2009 within a period of three months from the date of communication of the order passed today.
With the aforesaid direction, the present petition is disposed of.