MURARI LAL SHARMA Vs. STATE OF UP

JUDGEMENT

(1.) WE have heard Shri A.K. Sinha, learned counsel appearing for the petitioner -appellant. Learned Standing Counsel appears for the State respondents.

(2.) IN this intra court appeal under Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952 the petitioner -appellant is aggrieved by the judgment and order dated 26.2.2013 passed by learned Single Judge in Writ A No.35325 of 2012 (Murari Lal Sharma vs. State of UP and others) by which learned Single Judge held that after the acquittal of the petitioner in Criminal Appeal No.1112 -1113 of 2001 dated 16.1.2001, his conviction by the 4th Additional Sessions Judge, Moradabad dated 3.11.1993 under Section 364/120B, 302/120B, 201/120B and 120B was set aside. The petitioner was entitled to be reinstated in service in Civil Police from which he was removed while serving as Sub Inspector at P.S. Bachraun, District Moradabad on 27.12.1993 under Rule 8 (2) (a) of U.P. Police Officers of the Subordinate Ranks (Punishment and Appeal) Rules, 1991. Learned Single Judge, however, after holding that the petitioner was entitled for reinstatement on the ground that the sole ground of his removal from service was the order of conviction, directed the respondents, in view of the fact that he would have attained the age of superannuation in March, 2001, that 25% of the total wages be paid to the petitioner from the date of dismissal from service till the date of his age of superannuation and further he be given the benefits of continuity in service and other retiral benefits, which are admissible to him.

(3.) BY an interim order dated 16.5.2013 the respondents were directed to pay to the appellant 75% of the balance payment of salary within two months or to show cause by filing counter affidavit as to why full amount is not payable.