IN THE HIGH COURT OF UTTARANCHAL AT NAINITAL WRIT PETITION NO. 2222 (SS) OF 2001 (Old No. 41190 of 2000) Prem Ballabh Malasi, S/o Sri Ghanshyam Malasi, R/o Village Chamarada, Patti Kalipar, Post Agast-Muni, District Rudraprayag, Presently posted as Head Constable, Police Line Gopeshwar, District Chamoli. ……..Petitioner. Versus 1. The State of U.P. 2. Senior Superintendent of Police Dehradun. 3. Superintendent of Police Chamoli. ………….Respondents. Mr. Vinod Sharma, Advocate for the petitioner. Learned Standing Counsel for the respondents. Dated: 28.03.2006 Hon’ble Rajesh Tandon, J. By the present writ petition, the petitioner has prayed for a writ of certiorari quashing the order dated 21.06.2000 passed by the respondent no. 2 (Annexure-4 to the writ petition). 2. Briefly stated, in the year, 1986-88, the petitioner was posted as Head Moharrir at Malkhana Sadar Dehradun and during this period a case was registered against the petitioner and he was ultimately acquitted on 4th October, 1998 U/s 409 I.P.C. in Case Crime No. 324 of 1991. Acquittal has taken place on 19.03.1999. The department, thereafter, has issued a show cause notice against the petitioner and the petitioner has replied the same and ultimately the department has awarded a 2 2 minor punishment withholding one month’s salary by penalizing the petitioner for penalty of the said amount. 3. The grievance of the petitioner is that the said punishment is bad in law in as much as he has honorably been acquitted. 4. However, liberty is given to the petitioner to file a fresh representation within a period of two weeks from the date of presentation of the order. 5. In view of the aforesaid submission, the order-dated 21.06.2000 passed by the respondent no. 2 is quashed. The matter is sent back to the authority concerned, who shall decide the same after taking into consideration the acquittal thereafter. However, any order assed by the authority concerned shall be final and the order dated 21st June, 2000 shall be subject to the final order passed on the representation. 6. Writ petition is allowed. No order as to costs. (Rajesh Tandon, J.) 28.03.2006 Rathour