Decided on September 24,2012

Pravesh Singh Rana Appellant
Registrar, Co -operative Societies and Others Respondents


Tarun Agarwala, J. - (1.) LIST has been revised. No one appears for respondent No. 3.
(2.) HEARD Shri Arvind Kumar Sharma, the learned counsel for the petitioner and Shri Subhash Upadhyaya, the learned Standing Counsel for respondent Nos. 1 & 2. A First Information Report dated 25th January, 1996 was lodged against the petitioner u/S. 409, 418 and 420 I.P.C. Based on this first information report, the petitioner was suspended by an order dated 15th February, 1996. The petitioner was also chargesheeted by an order dated 24th May, 1996. Six charges were levelled against the petitioner. The petitioner submitted his reply. The disciplinary authority took no further action instead it chose to await the result of the criminal trial which had already started against the petitioner on the same charges pursuant to the first information report dated 25th January, 1996. The trial court gave a judgment dated 14th January, 2004 acquitting the petitioner honourably from the charges that was levelled against him. This judgment has become final since no appeal or revision was filed before the superior court.
(3.) BASED on this judgment, the petitioner applied for reinstatement of his services. The Co -operative Societies considered the petitioner's application and, by a Resolution dated 20th September, 2004, accepted the petitioner's prayer and directed reinstatement of his services. Based on the said Resolution, the Secretary issued an order dated 15th November, 2004 directing reinstatement of his services. Thereafter, the petitioner was reinstated and demanded arrears of salary for the period he remained under suspension, i.e., from 15th February, 1996 to 1st November, 2004, the date when the petitioner was reinstated. Since the arrears of salary was not granted, the petitioner filed the present writ petition praying that arrears of salary be paid for the period when the petitioner was under suspension, i.e., from 15th February, 1996 to 1st November, 2004.;

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