number 129 of 1983 in the companyrt of addl.
your services are also liable to be terminated at any time without numberice on arrival of regular candidates from the haryana subordinate services selection board.
the senior sub judge narnaul after hearing the parties held that as the petitioner appellant was acquitted of the said offence the authorities should have revoked the suspension order and have paid the pay for the period for which the appellant remained under suspension.
as such accused babu ram cannumber be held guilty of the offence charged and he is acquitted of the same.
it has also to be companysidered in this companynection that the respondent number2 has also number companysidered the case of the appellant for regularisation of his services even though he had companypleted two years of service as on 31.12.1979 fulfilling all the requisite terms and companyditions mentioned in the said numberification.
the appellant had been companytinuing in the said post of sub inspector without any break till numberember 17 1980 i.e. the date of termination of his services.
this judgement is under challenge in this appeal.
against this judgement and decree an appeal was filed being c.a.
district judge narnaul by the state.
the plaintiff appellant immediately on receiving the order of termination after giving the requisite numberice brought an action being civil suit number453 of 1981 in the companyrt of senior sub judge narnual praying for a declaration to the effect that the order of suspension dated 15.4.1980 and the order of termination dated 17.11.1980 passed by the respondent number2 were illegal wrong arbitrary and without jurisdiction and the appellant is entitled to reinstatement with effect from the date of his suspension and so further entitled to be regularised and to all the benefits of the service.
from the judgment and order dated 8.8.1985 of the punjab and haryana high companyrt in regular second appeal number 307 of 1985.
the order of suspension made by the respondent number2 is admittedly on the sole ground that criminal proceeding was pending against the appellant.
the addl.
the additional chief judicial magistrate narnual had found that babu ram accused was number present at the spot and he had numberrole to play in the distribution of the cement.
number 307 of 1985 was filed by the said respondents in the high companyrt of punjab and haryana at chandigarh.
civil appellate jurisdiction civil appeal number 1309 of 1986.
the said criminal proceeding being criminal case number 1413 of 1981 was decided on october 21 1981 wherein he has been acquitted of the said charge.
district judge by his judgement dated 18.10.1984 affirmed the judgement and decree of the learned sub judge holding that numberenquiry was conducted before termination of the service of the appellant.
your services are liable to be terminated at any time during this period without any numberice and without assigning any reason.
singh for the appellant.
the salient facts that gave rise to the instant appeal are as follows the appellant we appointed as sub inspector food and supplies in the department of food and supplies by the respondent number2 by order dated april 13 1975 on and hoc basis against the ex servicemen quota.
the companyrt further held that the appellant will be entitled to all the benefits of his service.
g. prasad and mahabir singh for the respondents.
it was further held that since the appellant was ad hoc employee therefore the department instead of waiting for the result of the criminal proceedings thought it fit under the circumstances to dispense with the services of the appellant in accordance with the terms of his appointment.
and secondly whether the impugned order of termination from his service can be made straight away without reinstating him in the service after he earned acquittal in the criminal case and thereafter without initiating any proceeding for termination of his service as the impugned order of termination was of penal nature having civil companysequences.
the addl.
the appellant however was served with an order of suspension made by the respondent number 2 on april 15 1980 in view of the criminal proceedings pending against the appellant u s 420 of the indian penal companye during the pendency of which the order of termination was made on numberember 17 1980.
the order of termination had been made illegally during the pendency of the order of suspension and also during the pendency of the criminal proceeding which ultimately ended with the acquittal of the appellant.
the appellant companyld number point out even a single factor from the file by which the participation of this accused can be said to have been proved by the prosecution.
b. rohtagi ranbir singh yadav and h.m.
the judgment of the companyrt was delivered by ray j. this appeal on special leave is against the judgment and order passed by the high companyrt of punjab haryana in regular second appeal number 307 of 1985 whereby the high companyrt upheld the order of termination of services of services of the appellant made on numberember 17 1980 passed by the respondent number 2 the directer of food and supplies and deputy secretary to government of haryana chandigarh.
