P. Sam Koshy, J
1. The petitioner was appointed on the post of Panchayat Secretary of Gram Panchayat Kaitha, Janpad Panchayat, Jaijaipur, Distt. Janjgir Champa
(CG).
2. While working on the said post, the petitioner got involved in a criminal case and an FIR was registered for the offence punishable under Sections
409,467,468,471 and 420/34 IPC vide crime No.117/2001 registered at Police Station Jaijaipur. The petitioner was taken into custody and remained in
custody for about two months between 08.08.2001 to 05.10.2001. The matter was later on put to trial before the Judicial Magistrate First Class,
Jaijaipur, vide case No.159/2007. The said criminal case ultimately resulted in an acquittal of the petitioner from all the charges vide judgment dated
30.12.2017.
3. After acquittal, the petitioner has been repeatedly approaching the authorities for being reinstated in service but till date the petitioner has not been
permitted to join service.
4. The petitioner submits that Annexure P/5 is the document which has been written by the Chief Executive Officer, Jaijaipur to the respondent No.3
intimating him that the services of the petitioner has never been terminated.
5. Given the aforesaid facts even if it to be a case of termination of the petitioner by written order or termination of service by an oral order, after due
acquittal of the petitioner, his status would have to be restored to the position as it stood prior to his being discontinued from service. Accordingly, let
the respondents No.2&3 take a decision in respect of the same within a period of 60 days from today. They shall also decide how the intervening
period has to be treated.
6. Accordingly, the writ petition stands disposed of.
