CW 4934/07 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.4934/07 Jagdish Prasad Versus State & Ors. DATE OF ORDER : 12/12/2008 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. Manoj Bhardwaj for Mr. Ashvin Garg, for petitioner Mr. J.K. Agarwal, Addl. Govt. Counsel, for State *** Instant petition has been filed by petitioner against the order Ann.5 dt.21st December, 2006 by which he was reverted on the premise that a Criminal Case No.115/86 u/ss.420 & 467 IPC was pending against him at the time when he was promoted against the vacancies of 1999-2000 as Nayab Tehsildar vide order Ann.4 dt.12th July, 2004. Petitioner was promoted on the recommendations made by DPC against the vacancies of 1999-2000 as Nayab Tehsildar vide order Ann.4 dt.12th July, 2004. Vide order Ann.5 dt.21st December, 2006, he was reverted to the post of Land Revenue Inspector without affording opportunity of hearing to him on the premise that at the time when recommendations were made by DPC CW 4934/07 [2] against the vacancies of 1999-2000, he was facing criminal trial for offence u/ss.420 & 467 IPC. Counsel submits that order Ann.5 dt.21st December, 2006 was passed by the respondents without due compliance of principles of natural justice and apart from it, for vacancies against the quota of 1999-2000 record was to be looked into upto 31/3/99, whereas prosecution sanction was granted on 25th October, 2000. As such, there was no material available with the respondents for passing order impugned Ann.5 dt.21st December, 2006. It has now been brought to the notice of this court that in criminal trial which was initiated against the petitioner finally challan was filed against him u/ss.465, 466 & 218 IPC and after trial he has been finally acquitted by the competent court of jurisdiction vide judgment dt.15th October, 2008. On 27th November, 2008, this court directed the respondents to seek instructions. Since the CW 4934/07 [3] very premise on which the petitioner was reverted stands washed away during pendency of the writ petition, Counsel for respondents despite opportunity afforded is unable to inform this court. The reversion was given effect to by the respondents only on the premise that sanction for prosecution was granted by the competent authority on 25/10/2000. Since criminal case which was registered against the petitioner, he has been finally acquitted by the competent court of jurisdiction vide judgment dt.15th October, 2008. The very premise which was taken note of by the respondents for passing order impugned dt.21/12/06 [Ann.5] does not hold good in changed circumstances and accordingly, deserves to be set aside. Consequently, writ petition stands allowed. Order Ann.5 dt.21st December, 2006 is hereby quashed and set aside. Petitioner will be entitled for all consequential benefits flowing thereof. No costs. [AJAY RASTOGI], J. FRBOHRA4934CW2007 12-12.doc