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reinstatement after acquittal by high court (Criminal Law)

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This query is : Resolved

Author : RAJU

Posted On 11 June 2011 at 22:55

Sir plz guide me in this
I have been acquitted by High court in an appeal against the special court conviction in ACB case, corruption act
Now the govt wants to go for SLP without reinstating me in to service
what to do? now?
What are the remedies for me
I have been dismissed from service on conviction by lower court only, no other departmental enquiry was conducted no other charges were framed against me
Thank you


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Posted On 12 June 2011 at 03:39

Issue a notice to Government for reinstatement. If notice is not honoured you may move HC in WP.

Expert : R.Ramachandran

Posted On 12 June 2011 at 06:39

The Government has got the right to appeal to the Supreme Court against the order of the High Court. There is a time period available to the Government within which it has to file the SLP in the Supreme Court, which is 3 months. If the said time period is over, and if the Government has not filed any SLP till then or if there is no stay order from the SC, then you can approach the HC as advised by Mr. Palnitkar.

Expert : Isaac Gabriel

Posted On 12 June 2011 at 19:24

From the version you have given, dismissal has been ordered based upon the order of the laower court. As the order has been set aside in High court, you are entitled for reinstatement,since the department has not initiated any dis.action and enquiry.Yet,you will have to wait till the appeal period to proceed further.If the SLP fails, you will get the retrospective benefits since your dismisssal is pursuant to court conviction.

Expert : Advocate. Arunagiri

Posted On 12 June 2011 at 22:20

If the order of the HC is not stayed by the SC, you initiate contempt proceedings against the authorities.

Author : RAJU

Posted On 14 June 2011 at 19:36

Thank you All experts
I have already placed an application for reinstatement after receiving the High court order
1)What is the 3 months time limit? how to calculate ?
Is it from the from date of receipt of judgement copy by me or from the date received by by ACB
I have received the judgement copy with dt 09-03-11(judgement dt 25-02-11) and same copy was marked to ACB and I applied for reinstatement on 15-03-11, till date it was not disposed off
2) whether to file a WP in HIgh court or to go to State Tribunal? if not reinstated within stipulated time?
thank you



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