MANOJ KUMAR Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2013-2-50
HIGH COURT OF UTTARAKHAND
Decided on February 20,2013

MANOJ KUMAR Appellant
VERSUS
STATE OF UTTARAKHAND Respondents

JUDGEMENT

V.K.BIST, J. - (1.) HEARD .
(2.) FOR the reasons stated, the delay condonation application is allowed. Counter affidavit filed by the respondent is taken on record.
(3.) BY way of instant petition, the petitioner is seeking direction to the respondents to reinstate him into service will all consequential benefits and service benefits. The petitioner was an employee in the State Observatory, Nainital on the post of Laboratory Assistant. One criminal case was registered against the petitioner and he was arrested and sent to jail. As a consequence thereof, the petitioner was suspended from service. The criminal case being Session Trial No. 106 of 2003 under Section 302 & 120 -B was tried by District and Sessions Judge, Nainital and the Session Judge vide judgment and order dated 28.09.2004 convicted the petitioner for the offence punishable under Section 302/34 I.P.C. As a result of conviction, the petitioner was terminated from service vide order dated 12.04.2005. Against the said conviction, the convict/petitioner preferred a criminal appeal bearing no. 303 of 2004 and this Court vide judgment and order dated 30.03.2011 allowed the appeal of the petitioner and acquitted the petitioner from the offence punishable under Section 302 & 120 -B I.P.C.;


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