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2019 (1) TMI 2035 - HC - Indian LawsSeeking re-instatement in the service - Withdrawal of withdrawal slip of the customer - Conviction from the offence or not - HELD THAT:- The appellant was never convicted of an "offence" within the meaning of clause 2. Question of facing disciplinary action in terms of clause 3 could not have arisen. In view of the fact that the appellant had not been dismissed from service based on any conviction recorded by the criminal court, the entirety of clause 3, which deals with "offences" and other situations flowing therefrom, did not have any application in this case. He was proceeded against in terms of clauses 1, 5, 6, 11 and 12 and having suffered the order of removal from service based on the report of the enquiry officer, the order of acquittal recorded by the criminal court could not have been made by him the basis for seeking reinstatement in service. There are no reason to uphold the conclusion of the learned presiding Judge of the Hon'ble Division Bench that clause 3 applied to the facts and circumstances before His Lordship and the appellant was entitled to the benefit of sub-clause (d) thereof. The writ petition of the appellant deserved an order of dismissal but not for the reasons assigned by the learned Single Judge and the companion Judge of the Hon'ble Division Bench - The reference is answered accordingly. Appeal dismissed.
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