- 1 - S.B.CIVIL WRIT PETITION NO.4317/2005 (Kheta Ram vs. State of Raj. & Ors.) DATE OF ORDER : 11/4/2008 HON'BLE JUSTICE GOPAL KRISHAN VYAS Mr.L.R.Choudhary, for the petitioner. Heard learned counsel for the petitioner. It is contended that petitioner was appointment on the post of Shiksha Karmi vide order dated 24/9/2002 w.e.f. 30/9/2002. The said order was issued by the Addl.Vikas Adhikari (Primary Education) and Project Coordinator (Shiksha Karmi), Panchayat Samiti, Baitu, District Barmer and initially the petitioner was posted at Government Primary School, Meghwalon Ka Naada, Gram Panchayat Madpura, Barwala. It is further submitted that petitioner participated in all the training camps and successfully completed the training organized during service tenure. Thereafter, the services of the petitioner were terminated vide order dated 30/7/2004 (Annex.P/6) for the reason that he was kept in custody for a period of 48 hours. The order of termination was superseded by subsequent order dated 31/8/2004, whereby, order dated 30/7/2004 was modified to the extent that word `termination' was substituted by word `suspension' and petitioner was suspended w.e.f. 30/7/2004. - 2 - The contention of learned counsel for the petitioner is that in the criminal case, he has been acquitted and thereafter preferred writ petition before this Hon'ble Court which was registered as S.B.Civil Writ Petition No.3091/2005 in which learned Single Judge of this Court vide its judgment dated 24/5/2005 passed an order for filing fresh representation to the respondent no.2 and respondent no.2 was directed to decide the representation of the petitioner. The contention of the learned counsel for the petitioner is that similarly situated person against whom criminal case was registered and who was also acquitted lateron by the criminal court was reinstated by the respondents. He has specifically stated that one Shri Kesha Ram Garg was reinstated in Panchayat Samiti, Baitu against whom criminal case was registered. During the course of arguments, counsel for the petitioner has invited the attention of the Court towards recent order dated 26/4/2007 passed by the Secretary, Rajasthan Shiksha Karmi Board, Jaipur, whereby, one Smt. Hemlata Choudhary, against whom criminal case was registered in which she was acquitted and no further appeal was filed by the State of Rajasthan, was reinstated in service. The contention of learned counsel for the petitioner is that the respondents may be directed to consider the case of petitioner for reinstatement at par with the cases of Kesha Ram Garg and Smt. Hemlata Choudhary, in whose favour Secretary, Shiksha Karmi Board has - 3 - passed an order of reinstatement. In this view of the matter, this writ petition is disposed of with liberty to the petitioner to file a fresh representation in which he shall specifically mention that Shri Kesha Ram Garg and Smt. Hemlata Choudhary have been reinstated on the ground that both these persons were acquitted in criminal cases and they were taken back on duty, therefore, his case may also be treated at par with them. Upon filing such representation, the respondents are directed to consider the case of petitioner at par with above two Shiskha Karmi, in whose favour order of reinstatement have been passed. The petitioner shall file representation within 15 days from the date of receipt of certified copy of this order and respondents shall pass appropriate orders in accordance with law within a period of one month thereafter. (GOPAL KRISHAN VYAS), J. pankaj baweja