Markandey Katju, J. - (1.) HEARD learned counsel for petitioner and learned Chief Standing Counsel. The petition has been selected in B.S.F. as a Constable; but subsequently his selection was cancelled on the ground that he was involved in a Criminal case under Sections 147/148/307, IPC in which he was convicted by the trial court and sentenced to five years imprisonment. The petitioner and other co -accused filed Criminal Appeal No. 194 of 1986. This Court held that Section 307 IPC was not made out but the offence was under Section 324 IPC, the matter was compromised at the appellate stage and the petitioner was acquitted on 3.9.91.
(2.) CONSEQUENTLY the guilt of the petitioner has been washed of, and hence this petition is allowed and the respondents are directed to reinstate the petitioner in service within a month. However, it is made clear that petitioner will not get salary for the period from the date of his oral termination of service till his resettlement. Petition is allowed. No order as to costs.;