D.Y.CHANDRACHUD,J. - (1.) On 8 July, 1983, the respondent was appointed on a temporary basis as a Livestock Development Assistant by the Deputy Director, Livestock in the State of U P in the pay scale of L 400-10-450-12-474-xxxx-12-570-15-615/-. The order of appointment stipulated that the services of the respondent could be terminated with a notice of one month. On 2 April 1984 a First Information Report was registered against the respondent inter alia under Section 302 of the Penal Code. On 9 April 1984, the Deputy Director in the Animal Husbandry Department at Faizabad terminated the services of the respondent.
(2.) The respondent was tried on a charge of murder in the court of the Additional Sessions Judge, Sultanpur in Sessions Trial 102 of 1984. By a judgment dated 11 October 1985 the Additional Sessions Judge, Sultanpur acquitted the respondent and his co-accused by giving them the benefit of doubt. Following his acquittal, the respondent by a letter dated 7 February 1989 sought fresh appointment as a Livestock Development Assistant and stated that he shall make no claim in connection with his prior service. On 17 April 1989, the Deputy Director, Animal Husbandry, Faizabad appointed the respondent as Livestock Extension Inspector on the condition that he would not be entitled to the benefit of his prior service.
(3.) In the meantime, the respondent had filed a writ petition, W P 8550 of 1987 before the Lucknow Bench of the Allahabad High Court. On 4 September 1998 a Single Judge of the Allahabad High Court directed that the respondent shall be taken back in service if the only ground for termination was his being put up for trial on a charge of murder, provided there was no other impediment in allowing him to join service.;