Termination from service, based on a conviction later overturned by a higher court, is set aside.

The facts are not in dispute. The services of the appellant's husband was terminated only on the ground that he was convicted by a Judicial Magistrate for the offences under Indian Penal Code. That only means, no independent departmental enquiry was held against the delinquent employee. In the appeal filed before the Sessions Court against the order of conviction, the appellant has succeeded. Since, the punishment imposed was based on an order of conviction and since the same is set aside by an order passed by a superior forum and that order having become final for various reasons, including the death of the appellant's husband, as natural corollary, the request of the appellant requires to be redressed by the employer and since that was done, a writ court ought to have come exercised its extraordinary jurisdiction by commanding the respondents to redress the grievance of the appellant without resorting to a hypertechnical approach. In view of the above, the order passed by the respondents terminating the services of the appellant requires to be set aside and we do so.