- (1.) THOUGH there is delay of nine months and one day in filing the special appeal, but since there is no objections from the other side in condoning the delay and we also find that the grounds shown in the affidavit accompanying the application for con donation of delay, are sufficient, we condone the delay.
(2.) HEARD Sri Ajay Pratap Singh, learned Counsel for the Appellant and Sri Krishna Chandra, learned Counsel for the Respondents. This special appeal has been filed against the judgment and order dated 19.02.2010 passed by the Learned Single Judge.
(3.) THE Appellant while working in the Indian Telephone Industries faced an F.I.R. with the allegation of theft of certain articles. The departmental inquiry was also instituted against the Appellant by issuing a chargesheet. The Appellant was dismissed from service by order dated 09.02.1987. The F.I.R. was lodged on 09.01.1987. The criminal prosecution lasted for about five years and it was only on 28.08.1992 the Appellant was acquitted, he, thereafter, in the year 1993 preferred a writ petition challenging the order of dismissal from service. The grounds of challenge which find mention in the order passed by the learned Single Judge are as follows: (a) No departmental enquiry could be conducted on the same set of facts in which a criminal trial is also proceeding; (b) Petitioner was acquitted by the trial court, hence he should be reinstated; (c) Copy of the enquiry report was not given to the Petitioner thereby denying him the opportunity of defending him properly; (d) No appeal was preferred by the opposite parties against the acquittal order.;