High CourtsSingle Bench

Santosh Kumar Kashyap vs State Of Chhattisgarh And Ors

Chhattisgarh High Court · Decided on 10 September 2018 · Citation: (2018) 09 CHH CK 0159

HON’BLE JUDGES
P. Sam Koshy, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 34, 409, 420, 467, 468, 471
RESULT
Disposed Of
CASE NUMBER
Writ Petition (S) No. 5868 Of 2018
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Judgment

17 paragraphs · 279 words

P. Sam Koshy, J

1.

The petitioner was appointed on the post of Panchayat Secretary of Gram Panchayat Kaitha, Janpad Panchayat, Jaijaipur, Distt. Janjgir Champa

(CG).

2.

While working on the said post, the petitioner got involved in a criminal case and an FIR was registered for the offence punishable under Sections

409,467,468,471 and 420/34 IPC vide crime No.117/2001 registered at Police Station Jaijaipur. The petitioner was taken into custody and remained in

custody for about two months between 08.08.2001 to 05.10.2001. The matter was later on put to trial before the Judicial Magistrate First Class,

Jaijaipur, vide case No.159/2007. The said criminal case ultimately resulted in an acquittal of the petitioner from all the charges vide judgment dated

30.12.2017.

3.

After acquittal, the petitioner has been repeatedly approaching the authorities for being reinstated in service but till date the petitioner has not been

permitted to join service.

4.

The petitioner submits that Annexure P/5 is the document which has been written by the Chief Executive Officer, Jaijaipur to the respondent No.3

intimating him that the services of the petitioner has never been terminated.

5.

Given the aforesaid facts even if it to be a case of termination of the petitioner by written order or termination of service by an oral order, after due

acquittal of the petitioner, his status would have to be restored to the position as it stood prior to his being discontinued from service. Accordingly, let

the respondents No.2&3 take a decision in respect of the same within a period of 60 days from today. They shall also decide how the intervening

period has to be treated.

6.

Accordingly, the writ petition stands disposed of.