One of my friend working in Central Government was booked by CBI under Anti corruption Act and convicted in a criminal court. On the basis of criminal conviction, he was dismissed from the government service. On Appeal, Hon'ble High Court acquitted him on merit. Since the conviction order of lower court was set aside, Government Servant approached the Head of the Department for re-instatement.
The Head of the Department, instead of reinstating him, issued Show Cause Notice to reject his request of reinstatement on the grounds that CBI is going to file an SLP before Supreme Court.
As on date, the appeal period against HC order is over. There is no stay agaisnt HC order. The Coviction is set aside and the officer is innocent before law. Merely prefering appeal with Higher forum will not stop reinstatement.
In this regard, I would like to know whether the action of Head of Department is amounting to Contempt of Court? Whether the action of Head of the Department is against the provisions of Article 311(2)(a)? Can anyone refer any relvant SC/HC ruling to claim reinstatement with backwages immediately.