Orissa High Court
WP(C)/31203/2020 on 5 January, 2021
W.P.(C) No.31203 of 2020
2. 5.01.2021 This matter is taken up through Video Conferencing.
Heard Mr. K.Ch. Sahu, learned counsel for petitioner
and Mr. YSP Babu, learned Additional Standing Counsel for
the State-opposite parties.
Taking this Court to the order of disengagement
involving the petitioner vide Annexure-2 Mr. Sahu, learned
counsel for petitioner submitted that for the alleged
misbehavior to the Girl boarders services of the petitioner
was taken away on 28.08.2009 involving the same issue. It
is further submitted by Mr. Sahu, learned counsel for
petitioner that a G.R. Case bearing no.172/2009 was
initiated involving the petitioner, trial in which ended by an
order of acquittal by the Sessions Judge-cum-Special Judge,
Gajapati, Paralakhemundi on 14th October, 2020 in S.T.
No.37 of 2018. Taking this Court to the settled position of
law through the decisions vide Annexures-4 & 5 Mr. Sahu,
learned counsel for petitioner submitted that for the
acquittal of the petitioner from criminal case, in the interest
of justice petitioner should have been reinstated in service.
It is also alleged that when three persons were involved
involving the same allegation and had faced single criminal
trial, while two other persons have been allowed to continue
in service, the petitioner has been deprived of getting back
his service. Be that as it may, it appears, indicating all the
above petitioner has also submitted a representation to the
Collector, Gajapati vide Annexure-6, which appears to be
pending.
Mr. YSP Bahu, learned Additional Standing Counsel
submits that since the order of acquittal vide Annexure-3 is
a Xerox copy, he is not in a position to verify the same,
however he did not dispute to the factual position and
proposition laid by the petitioner that in the event of ending
of the criminal case with an order of acquittal and in the
event there is no further litigation on the same issue, there
would not be any difficulty in restoration of the service
position of the petitioner.
Considering the rival contentions of the parties, on
perusal of the order vide Annexure-2 and taking into
account the development through the judgment vide
Annexure-3, this Court observes, in the event there is
already acquittal of the petitioner from the criminal charges
by the judgment dated 14th of October, 2020 involving ST
No.37 of 2018, the Collector, Gajapati shall take immediate
decision in the matter of reinstatement of the petitioner in
services, subject to the petitioner's filing a certified copy of
the judgment dated 14th of October, 2020 in ST No.37 of
2018 before the Collector, Gajapati.
The entire exercise shall be completed within a period
of six weeks from the date of communication of a copy of
this order along with a certified copy of the judgment vide
Annexure-3.
With the aforesaid observation and direction the Writ
Petition stands disposed of.
As restrictions are continuing due to COVID-19,
petitioner(s) may utilize the soft copy of this order available
in the High Court's website or print out thereof at par with
certified copies in the manner prescribed, vide Court's
Notice No.4587, dated 25.03.2020.
Ayas ...............................
(Biswanath Rath, J.)
