AF^ -^^ OF AT S.R. CJ. APPLICANT Vs. 1. 2. 3. 4. Mukum Chand S/o Abhiram Lat about.29years, ofviijage Pendri Tarai, Thana Nandani (CG) The Govi. of Chhattisaarh, Through ~ The Dep^rtment of Panchayat, rvlantralaya, D.K.S. RaJpun'C.G.) Coiiector, Durg (Panchayat Shaka Durg) DeDuty Direotor, Panchayat and SoolaS (C.G.) Sub Divisional Officer. Revenue, Durg - Durg Sarpanch, Gram Panchayat, Pendri Tarai, Tahsll DJstrict-Dyrg (C.G.) Satya Vijay, 35 years, S/o Shri Harsewak. Panchayat Sachiv, Gram Panchayat Vikas Khand Dhamdha, Distt- Durg (C-.G.) Mr. Sahu. fonhe Mr. Yashwanf Singh, learned G.A., for the State of C.G. Mr. N.L. Soni, Searned counsei for rsSDondent No.6- (Passed on 20th February, 2006) Th©petitlon^r wh©nh^ wa^ sorving as Panchayat KarmySQcf^tary in the of the Tarai, Tahsij Dhamdha, -y; Durg, the fifth respondent herein. he was servjce by .th@ coijector, on the ground that an offence nuni-shable under Section 376 of the iPC has reg.'stered him. Subsequeniiy, the petitioner acquitted, according to the -J2.- honour^biy, due triai in Trial No.138 of 2002 by the Sessions Judge, Durg on OS/11/2003. Thereaftewv'ards, the an on 01/03/2004 to the Coliector, the to hlm into ser/ice. The Coliector, Panchayst, forwarded to the DifBctor, the third re^pondent hereln, for con^idemtion ^nd the Depyty Director Panohayat by his order dated 10/03/2004 rejected ihe request of the pwltionor on tho ground that tho potitionor rornovQd from ^orvioo on 07/06/2002, in hls Lat Varms and, the p-atitioner's couid n-ot be by the of the thjs wm petitton js filed. (2) i counse! for the it by the counsel for the the Is in i.e... Trial No. 138 of 2002 hy fhe Judge, Durg on 06/11/2003, he l-s to be r©instatedinto of the flfth respondent the giv^n by the Deputy Dlrector, P@noh@yat, to rejeot the petitioners olalm, Js totally untenabio in taw. On the oihor hand, leamod counsei for the fifth r^spond^nt as W©{1as coun^^l for th^ r@spond^nt Nio.6 wOUJd that ths in of the writ the 'was out or';,empjoyment and since that js on the of the respondent cannot be dlsturbed and the petltloner cannot be to ba In ihe pfsc^ ofthe sixth respondent. -3- (3) Having heard tearned for the a short for Is the is- to be Into of the fjfth respondent, Panchayat, on of his honourabje in Triai No.138 Of 2003. It Is wei! that if of an employee are terminated by the - Empioyer on acoount of the pendency of oriminal prooeedings and ultimately such employee is acquitted in criminal prooQodinas honour^bty, it i^ his right to ^^ek r^ln^tatQmont into sorvio^ wculd tantamount to punishjng an innocent for no of him s-nd unheard. in the the has foeen by the Judge, Durg on 06/11/2003 honourably, the fifth respondent, Panchayat, ought to into in of his (4) Coming to the of the it to be at the threshold, that the C-ourt is not to rev'ew the valldity of hls appolntment and to find out whether hls appointment was m^de an reguiar or hte appointment on ad hoc basi^ or on the ba3te of stop-ggip arr©ngoment, Jn whatever way or method tho imploadod sixlh r©spond@nteamo to b©appointed irs plaGO of th@ pQtition^r, it is trito, ^ince th^ patitioner has a to ba • into in the by the the has to way for the At this the request by the for the fifth and slx respondents has to be to the Court to direction to the fifth respondent Gram Panchayai to continue the serrices of the petitioner a3 weSI a3 the ^Jxth re^poncSent.- I gim afraid thM the Court -^- V"., .....^ is to tesuo such diroctlon for tho simpl^ r^ason that it is not wjthln the domaln of the power of this Court under Article 226 of the to the or to continue fhe of an employee if is no post or vacancy. However, it is that if the sixth respondent be in any varancy that m^y be exis-ting in fhe ^emce of the Qmm Psnchayat, it i3 for the Gram Panohayat to oon©iderthe reque©tof the petltioner ^nd not for tho Court. (5) Sn the for the foregoing reasons^ the writ te aSJowed ^nd the Impygned order of the Doputy Director Panohayat, the ihird re^pondQnt, 10/03/2004 is quashQd. A dirootion ^hall i^suo to the to th@ pQtiticn^r Into Vvith all in the ofthe the bearthejr Sd/- Chief Justice