IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.19207 of 2025 Date of Decision: 11.12.2025 _____________________________________________________________________ Neeraj Kumar ……...Petitioner Versus State of Himachal Pradesh & Ors. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioners: Mr. Rishab Negi, Advocate. For the respondents: Mr. Rajan Kahol, Additional Advocate General Mr. Anish Banshtu, Deputy Advocate General. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) Petitioner herein, who prior to his being terminated, was working as Junior Assistant in the office of ETO Mandi, is aggrieved on account of the fact that though he has been acquitted in the criminal case registered against him, but yet despite there being repeated representations, he is not being reinstated. 2. Though before filing the petition at hand, petitioner has approached the respondents by way of representations dated 03.09.2024 and 31.12.2024 for redressal of his grievance, but since till date nothing has been heard, petitioner has approached this Court 2 in the instant proceedings, praying therein to issue direction to the respondents to consider and decide the representations of the petitioner expeditiously, in accordance with law. 3. Having carefully perused averments contained in the petition, which are duly supported by an affidavit, as well as documents annexed therewith, this Court finds that petitioner herein, who was serving as Junior Assistant in ETO Mandi, was tried in Session Trial No.20/2011, titled as State of Himachal Pradesh Vs. Neeraj Kumar, under Sections 7 & 13 (1) (d) and 13(2) of the Prevention of Corruption Act. Learned Special Judge, Mandi, in Session Trial No.20/2011, convicted the petitioner and sentenced him to undergo rigorous imprisonment for three years and pay a fine of Rs.5,000/- under the aforesaid provision of law. 4. Being aggrieved and dissatisfied with the aforesaid judgment of conviction and order of sentence recorded by learned trial Court, petitioner preferred an appeal before this Court i.e. Cr. Appeal No.172 of 2015, titled as Neeraj Sharma Vs. State of Himachal Pradesh, which came to be allowed, vide judgment dated 30.11.2025. Careful perusal of aforesaid judgment, if read in its entirety, nowhere suggests that petitioner herein came to be granted benefit of doubt, rather this Court categorically concluded in the judgment detailed hereinabove that the learned trial Court had proceeded on a totally 3 erroneous appreciation of the evidence on record, which resulted in miscarriage of justice. After passing of aforesaid judgment, petitioner repeatedly approached the respondents to reinstate him, but fact remains that till date, his prayer has not been accepted. In the aforesaid background, petitioner has approached this Court in the instant proceedings. 5. Once it is not in dispute that vide judgment dated 30.11.2023, passed by this Court in Cr. Appeal No.172 of 2015, petitioner stands acquitted and till date no appeal whatsoever has been filed against the aforesaid judgment of acquittal recorded by this Court, there appears to be no impediment for the respondents in accepting the prayer made on behalf of the petitioner for his reinstatement. 6. Consequently, in view of the above, this Court, without going into the merits of the case, deems it fit to dispose of the same with a direction to the respondents to consider and decide the representations dated 03.09.2024 and 31.12.2024 of the petitioner in light of judgment passed by Hon’ble Apex Court in Civil Appeal No.2582 of 2006 (Arising out of SLP (Civil) No.8910 of 2004), titled as G.M. Tank Vs. State of Gujarat and Another expeditiously, preferably within four weeks from today. Ordered accordingly. Needless to say, authority concerned, while doing the needful in terms 4 of instant order, shall afford an opportunity of being heard to the petitioner and pass appropriate orders. Pending applications, if any, stand disposed of. December 11, 2025 (Sandeep Sharma), (sunil) Judge