Veerender Singh Siradhana, J. - (1.) THE petitioner/appellant (for short the 'appellant'), in the instant intra -court appeal, has impeached the legality, validity and correctness of the judgment and order dated 5th July, 2013, rendered by the learned Single Judge, declining the prayer of the appellant for reinstatement with all consequential benefits for his acquittal in the criminal case for which he was tried on the same set of allegations, which were the subject matter of the charge -sheet leading to his dismissal from service.
(2.) BRIEFLY outlined, the essential material facts necessary for adjudication of the controversy are: that the appellant was initially appointed as Helper in the year 1970 and was conferred with semi permanent status in the year 1972. On registration of an FIR against the appellant on 3rd March, 1983, he was placed under suspension on 8th March, 1983. A departmental enquiry was initiated serving a charge -sheet on 17th March, 1983, which ultimately resulted into an enquiry report dated 28th April, 1983, submitted by the Enquiry Officer, leading to termination of the services of the appellant as a consequence thereof. On a challenge to the termination order by the appellant, the Industrial Tribunal vide award dated 9th November, 1989, upheld the order of termination as legal and valid. On a further challenge, the award was confirmed by this Court dismissing S.B. Civil Writ Petition Number 3149 of 1990, vide order dated 9th February, 1993, which was not challenged any further by the appellant. On acquittal of the appellant by the Court of Additional Civil Judge (Junior Division) and Judicial Magistrate, First Class, Number 2, Kota (South), in Criminal Case Number 65 of 1983 (State v. Ramcharan & Ors.) for offence under Section 147, 427, 504, 323 and 435 of the Indian Penal Code vide judgment and order dated 14th September, 1994, which was not challenge any further; the appellant instituted a writ application with a prayer for his reinstatement in service in view of his acquittal placing reliance on circular dated 19th of April, 1986, issued by the Department of Personnel. The writ application has been dismissed vide judgment and order dated 5th July, 2013, which is impugned herein. The learned counsel for the appellant reiterating the pleaded facts, has emphatically argued that though the order dated 9th February, 1993, passed in S.B. Civil Writ Petition Number 3149 of 1990, assailing the legality and validity of the order of dismissal, was not challenged any further, but in view of acquittal of the appellant in Criminal Case Number 65 of 1983 vide judgment and order dated 14th September, 1994, the very substratum of the order of dismissal obliterated, and therefore, the appellant is entitled for reinstatement with all consequential benefits. According to the learned counsel, the case of the appellant ought to have been reviewed by the State -respondents on his acquittal in the criminal case in view of the communication/circular dated 19th April, 1986 and instructions issued vide letters/communications as referred therein.
(3.) WE have heard the learned counsel for the appellant and have perused the materials available on record as well as carefully examined the judgment and order passed by the learned Single Judge dated 5th July, 2013.;