Chattisgarh High Court
Banshpati Patel vs State Of Chhattisgarh on 26 April, 2022
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WPS No. 2877 of 2022
1. Banshpati Patel S/o Shri Raghuvansh Prasad Patel Aged About 52 Years R/o
HN 625, Gokul Vihar, Near Radha Krishna Temple Shivanand Nagar,
Khamtarai, Raipur, District Raipur, Chhattisgarh. ---- Petitioner
Versus
1. State Of Chhattisgarh Through The Secretary, Department Of Medical
Education, Mantralaya Mahanadi Bhawan, Atal Nagar, Post Office Rakhi,
District Raipur, Chhattisgarh.
2. The Director Medical Education, Directorate, Old Nurses Hostel, S.K.S.
Building, Raipur, Chhattisgarh.
3. Joint Director And Superintendent Dr. Bhim Rao Ambedkar Memorial
Hospital, Raipur, Chhattisgarh.
4. Under Secretary Chhattisgarh State, Medical Education Department,
Mantralaya Mahanadi Bhawan, Atal Nagar, Post Office Rakhi, District Raipur,
Chhattisgarh. ---- Respondents
For Petitioner : Mr. Jitendra Gupta, Advocate.
For State : Mr. R. M. Solapurkar, G.A.
Hon'ble Shri Justice P. Sam Koshy
Order On Board
26.04.2022
1. The petitioner through the present writ petition, is seeking for a relief of
an appropriate direction to the respondents to reconsider the order of
termination dated 29.12.2010 passed by the respondent no. 3.
2. Vide the said order dated 29.12.2010, the service of the petitioner has
been terminated while the petitioner was on probation. The termination
was on the ground that the petitioner stood implicated in a criminal
case and he was also arrested and remained in custody for sometime.
3. The criminal case finally resulted in the acquittal of the petitioner vide
the judgment dated 18.01.2017 passed by the JMFC Raipur in criminal
case no. 22 of 2011. Subsequent to the judgment of acquittal, the
petitioner has been repeatedly approaching the respondents to recall
the order of termination and to take him back in service with
consequential benefits. In-spite of various inter departmental
correspondences made and a couple of letters recommending the case
of the petitioner for being taken back in service, no final decision has
been taken in this regard.
4. Admittedly, the petitioner stood appointed vide Annexure P/1 dated
26.02.2010. While working under the respondents, the petitioner got
implicated in a criminal case in Crime no. 22/2011 registered at the
Police outpost at Modha Para Raipur for the offences punishable under
Sections 420, 467, 468, 471, 506-II & 473 of the IPC. The said criminal
case finally resulted in acquittal of the petitioner after the full-fledged
trial vide judgment dated 18.01.2017. Meanwhile, however vide
Annexure P/2 dated 29.12.2010, the service of the petitioner was
terminated on the ground of his having undergone custody for a
considerable period of time.
5. The contention of the petitioner now is that since the very basis upon
which the service of the petitioner was terminated is no longer in
existence. The respondents are liable to take him back in service and
grant him all consequential benefits.
6. The State counsel on the other hand submits that since there are inter
departmental correspondences made in this regard, it appears that no
final decision has been taken by the Competent Authority and the
present writ petition, therefore may be disposed of at this juncture
directing the respondents no. 2 & 3 to take an appropriate decision in
accordance with law.
7. Given the said submission made by the counsel for the parties, the
present writ petition at this juncture is disposed of directing the
respondents no. 2 & 3 take an appropriate decision on the claim of the
petitioner for reinstatement, particularly keeping in mind the judgment
of acquittal dated 18.01.2017 and also keeping in mind the fact that the
very basis on which he was terminated from service, is no longer in
existence.
8. Let an appropriate decision be taken at the earliest within a period of
60 days from the date of receipt of copy of this order.
9. Accordingly, the present writ petition stands disposed of.
Sd/-/-
P. Sam Koshy
Judge
Jyoti
