IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 804 of 2010 (S/S) Vishwanath S/o Haushala Prasad ……Petitioner Versus State and another …….Respondents Mr. Siddhartha Sah, Advocate holding brief of Mr. K.S. Verma, counsel for the petitioner. Mr. K.C. Tiwari, Brief Holder for the respondents. Dated:-07-09-2010 Hon’ble B.S.Verma, J. Heard learned counsel for the parties. By means of this writ petition, the petitioner has sought writ in the nature of mandamus commanding the respondents to reinstate the petitioner on the post of Beldar in the respondent department along with entire back wages and all service benefits in the respondent department. According to the petitioner, he was working as Beldar in the respondent department. A criminal case was lodged against the petitioner and he was convicted by the trial court. On the basis of criminal case the petitioner was terminated from service vide order dated 26.11.1999. Learned counsel for the petitioner has contended that vide order dated 01.04.2010 of this Court, the petitioner has been acquitted in criminal appeal No. 121 of 2001, Vishwanath Vs. State of Uttarakhand. On the basis of Government Order dated 12.10.1979, the petitioner was terminated from service on 26.11.1999. The same G.O. provides that if the employee is acquitted by the competent court in appeal, he may be reinstated with all service benefits. The petitioner had filed the representation after his acquittal in criminal appeal No. 121 of 2001 but the same has yet not been decided. Therefore, the writ petition has been filed. Since the representation is pending before respondent No. 2, therefore, respondent No. 2 is directed to take decision on the representation made by the petitioner preferably within a period of four weeks from the date of production of certified copy of this order. The 2 petitioner shall also file a fresh copy of representation and certified copy of the order of appellate court, whereby the petitioner was acquitted from charges, levelled against him, before respondent No. 2. Therefore, the writ petition is disposed of finally with the above directions. (B.S.Verma, J.) 07-09-2010 S