C.W.P No.17701 of 2007 Present: Mr.B.S.Baath, Advocate, for the petitioner. Mr. B.S.Chahal, DAG,Punjab. *** Prayer in this petition, is for the issuance of a direction to the respondent to reinstate the petitioner in service as Panchayat Secretary as he has been acquitted in the criminal case that had lead to his dismissal. Learned counsel for the petitioner submits that the petitioner was acquitted of all criminal charges vide order dated 19.02.04. Despite repeated representations he has not been reinstated thus compelling him to approach this Court by way of the present writ petition. During the pendency of the present writ petition the respondents realising their mistake have reinstated the petitioner on 13.12.07 with all consequential benefits. As on 18.12.07 the following order was passed:- “Although it is the contention of the learned counsel for the respondents, that the petitioner has already been reinstated into service, yet we find no justification in disposing of the instant writ petition as having been rendered infructuous, specially in view of the factual position narrated in our order dated 13.12.2007. So as to find out what was the basis of the callous attitude of the respondents in not reinstating the petitioner into service, although, he was acquitted as far back on 19.02.2004 by the Additional Sessions Judge, Gurdaspur, it would be just and C.W.P No.17701 of 2007 -2- appropriate to have a reply to the averments made in the instant writ petition. Accordingly, the respondents are directed to furnish a para-wise reply to the writ petition. Needful be done within four weeks from today with a copy in advance to the learned counsel for the petitioner. List again on 28.01.08. Be shown in the urgent list.” Pursuant to the aforementioned order, reply by way of an affidavit of Bahadur Singh, Deputy Director (Land Development), Department of Rural Development and Panchayats has been filed. The explanation, furnished, in this affidavit namely that there was some confusions as to the petitioner's name in the order passed by the Additional Sessions Judge acquitting the petitioner is a lame excuse and even, if correct, could not have taken such long time to resolve. Consequently, even though the writ petition has been rendered infructuous by reinstatement of the petitioner the respondents shall hold an enquiry into the delay in reinstatment and fix responsibility in respect thereof. At this stage, counsel for the petitioner points out that arrears of salary have not been released to the petitioner. Respondents are directed to release all arrears of salary, if not already released to the petitioner within 3 months from today. Liberty is also granted to the petitioner to file an appropriate application before the authority for payment of C.W.P No.17701 of 2007 -3- interest on the delayed payment of arrears and salary. With the aforementioned directions the writ petition stands disposed of. (RAJIVE BHALLA) JUDGE January 28, 2008 (RAKESH KUMAR JAIN) Ruchika JUDGE