Ritu Bahri, J. - (1.) The petitioner is seeking issuance of writ in the nature of mandamus directing the respondents to revoke order dated 22.04.2008 (P-2) which was passed on the ground of conviction, which was set aside by this Court vide judgment dated 17.12.2012 (P-3) with all consequential benefits.
(2.) Brief facts of the case are that the petitioner was appointed in the Haryana State Agricultural Marketing Board as Sub Divisional Officer on 01.04.1975 and thereafter was promoted to the post of Executive Officer by respondent No 2 and further promoted to the post of Supdt. Engineer, vide endrosement dated 16.11.2006 w.e.f 17.09.1999. Thereafter, F.I.R No. 120 dated 24.04.2001 was registered against the petitioner under Sections 7/13/49/88 of the Prevention of Corruption Act and he was placed under suspension vide order dated 25.04.2001 and was also issued charge sheet under Rule 7 of HCS (P&A) Rules, 1987 vide memo dated 08.01.2002. The petitioner submitted his reply to the charge sheet on 16.04.2002. He was reinstated subject to final decision of criminal proceedings as well as without prejudice to the pending departmental enquiry vide order dated 26.04.2002. The petitioner was thereafter convicted vide oder dated 17.09.2002 and he filed appeal against order dated 17.09.2002 and his sentence was suspended on 08.10.2002, during the pendency of the appeal. Thereafter, the suspension orders of the petitioner were revoked on 28.04.2002 by the respondent-Board. The petitioner continued in service till 22.04.2008 and the petitioner was to retire on 30.04.2009 on attaining the age of suppernuation but the petitioner was dismissed from service on 22.04.2008 on the ground of his conviction despite the fact that he was acquitted of the charges framed against him. The petitioner submitted his representation dated 22.08.2013 (P4) to the respondent to revoke his dismissal order on the ground of setting aside of judgment of conviction by this Court vide judgment dated 17.12.2012 with further request to grant him salary of the suspension period from 24.04.2001 to 28.04.2002 by regularizing the said period as duty period, grant annual increments and the salary from 22.04.2008 to 30.04.2009 and all other retiral benefits. Thereafter, the petitioner sent reminder dated 29.03.2014 (P-5) and legal notice dated 01.04.2014 (P-6), but no decision has been taken thereon till date.
(3.) On notice, a written statement has filed on behalf of respondent No. 2 admitting the date of appointment of the petitioner and the date of termination of his services. It has further been stated that the petitioner is not entitled for the pension and other benefits only on the ground of acquittal in a criminal case as it is settled principal that departmental proceedings can go on even after acquittal in criminal proceedings. However, it has been stated that the petitioner never sent any representation dated 22.08.2013 (P-4) and reminder.;