Rajesh Singh Parihar vs The State of Madhya Pradesh

K.K. Trivedi, Judge

The only controversy involved in this writ petition is that the petitioner, who was working on temporary basis, was caught red handed in a trap and was prosecuted in the Court of Special Sessions Judge. Since the challan was filed against the petitioner, he was placed under suspension and thereafter was terminated from service on account of conviction. The said conviction has been set aside by this Court by passing judgment in Criminal Appeal No. 41/1990, decided on 04.02.1998. As a result, the petitioner is reinstated in service on 19.03.1998. On 08.06.1998, order has been passed by respondent No. 2 saying that the period is to be regularized in terms of the provisions of the rules made by the State Government. It is contended that though the petitioner has made representation, the period of suspension as also his removal has not been regularized and the benefits have not been extended to the petitioner. The only contention raised by the respondent No. 2 is that since the petitioner was convicted by the Court of law, was only a temporary employee, he was rightly removed and has been reinstated only on account of his acquittal by this Court. It is contended that in view of this, nothing is required to be done.

Such a contention of the respondent No. 2 cannot be accepted. The law is well settled in this respect. The Apex Court in the case of Union of India vs. K.V. Jankiraman, AIR 1991 SC 2010, has held that in case of acquittal by the Court of law, the employee has to be regularized in terms of Fundamental Rule 54. Of course necessary orders are required to be passed by the employer and the employer may decide to grant something lesser than what the employee would have been earned had he not been terminated from service. In view of this, the respondents are required to complete the exercise for regularizing the period of the absence of the petitioner.

The writ petition is disposed of with a direction that such an exercise be completed within a period of three months from the date of receipt of certified copy of the order passed today and after granting full opportunity of hearing to the petitioner, appropriate orders as indicated herein above, be passed.

With the aforesaid, the writ petition is finally disposed of. Certified copy as per rules.