{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.3974 OF 2009 Khizer Salim Barkttulla Mirza R/o Vidyanagar, Barsi Road, Beed PETITIONER VERSUS 1. The State of Maharashtra Through Secretary, Rural Development Department, Mantralaya, Mumbai 2. The Divisional Commissioner, Aurangabad 3. The Zilla Parishad, Beed, Through Chief Executive Officer 4. The Education Officer (Primary) Zilla Parishad, Beed RESPONDENTS ....... Mr.S.T.Veer, Advocate for the petitioner Mr.V.H.Dighe, AGP for respondents No.1 and 2 Mr.H.K.Munde, Advocate for respondents No.3 and 4 ....... [CORAM : P.V.HARDAS, and A.V.POTDAR, J.J.] DATE : 17th August 2009 ORAL JUDGMENT (PER P.V.HARDAS, J.) : {2} 1. Rule. Rule returnable forthwith. With the consent of learned counsel for the parties this petition is heard finally at the stage of admission. 2. By this petition, under Article 226 of the Constitution of India, the petitioner prays for reinstatement in service on the post of a primary teacher with continuity in service, back wages and other consequential benefits on account of acquittal of the petitioner by this Court in a criminal appeal. 3. Such of the facts as are necessary for the decision of this petition, may briefly be stated thus- The petitioner came to be appointed as a primary teacher in the year 1995. Some time in the year 1996, the petitioner came to be suspended on the ground that the petitioner stood convicted for offence punishable u/s 326, 147 and 148 r/w 149 of the Indian Penal Code. Accordingly, on 21.06.2002, the petitioner came to be dismissed from service after holding of a Departmental Inquiry on the ground of conviction of the petitioner in the aforesaid criminal trial. Appeal filed by the petitioner before the Divisional Commissioner also came to be dismissed by order dated 17.11.2003. While dismissing the said appeal, the Divisional Commissioner has observed that the dismissal of the petitioner would be subject to the decision of the appeal which was pending {3} in this Court. The appeal filed by the petitioner namely criminal appeal No.315/1996 challenging his conviction ultimately came to be allowed by this Court by judgment dated 18.12.2008 and the petitioner came to be acquitted. The petitioner accordingly submitted an application on 16.03.2009 praying therein for reinstatement and all other consequential benefits. The aforesaid application, we are informed, is still pending. 4. Since the petitioner has been acquitted and has submitted an application seeking reinstatement, we are of the considered opinion that the interest of justice will be subserved by directing the respondents to decide the said application within two weeks from today. Accordingly, this petition is allowed and the respondent No.3 is directed to decide the application of the petitioner seeking reinstatement with all consequential benefits, within two weeks from today and communicate the decision thereon to the petitioner. 5. Rule is thus made absolute on the above terms with no order as to costs. Copy of this order, duly authenticated be provided for the parties to act upon. [A.V.POTDAR, J.] [P.V.HARDAS, J.] drp/wp3974-09