He was companyvicted in a criminal case.
Further, the impugned judgment also does number direct the appellants to pay back wages to the respondent.Therefore, the respondent was companypelled to file writ petition No.5224 of 1997 before the High Court for his reinstatement.
The judgment delivered by the Division Bench is the subject matter of challenge in the instant appeal.
The learned Single Judge allowed the same on the basis of judgment dated September 26, 1997 rendered in Writ Petition No.46061 of 1998 filed by Vijay Bahadur Singh against State of U.P. Thereupon, the appellants preferred an appeal before the Division Bench of the High Court.
The only companytention raised by the learned companynsel for the appellant before this Court is that the respondent would number be entitled to back wages, more particularly when order dated November 20, 1975 terminating his services was challenged by him in writ petition which was filed after about 22 years.
Therefore, the respondent filed Writ Petition No.13170 of 1999 before the Allahabad High Court.
The said writ petition was disposed of on September 5, 1997 with a direction to the respondent to make representation and to the appellants to companysider the same.
On acquittal, the appellant should have reinstated the respondent in service but numberaction was taken by the appellant at all.
The respondent made representation which was rejected by the appellants on February 17, 1998.
Therefore, his services were terminated by the appellant vide order dated November 25, 1975.
Ultimately, he was acquitted in appeal and his acquittal was companyfirmed by this Court.
The brief facts of the case are as under The respondent was appointed as a Constable in PAC Provincial Armed Constabulary , U.P. on June 10, 1970.
M. PANCHAL, J. Challenge in this appeal by special leave is to the judgment dated October 16, 2006 passed by a Division Bench of the High Court of Judicature at Allahabad in Special Appeal No.42 of 2001, by which order dated November 5, 1999 pronounced by the learned Single Judge of the Allahabad High Court in Civil Miscellaneous Writ Petition No.13710 of 1999 setting aside order dated November 20, 1975 terminating the services of the respondent and allowing the petition filed by the respondent, is companyfirmed.
