- (1.) PETITIONER who was employed as a junior engineer in Tehri Hydro Development Corporation Limited, Tehri, Tehri Garhwal (hereinafter referred to as the Corporation) filed the instant petition challenging the validity of the orders dated 21/26. 12. 1995 and 7. 3. 1996 passed by the Deputy General Manager (UR) the Disciplinary Authority of the Corporation whereby the petitioner was dismissed from service and his request for reinstatement in the service was rejected.
(2.) THE brief facts of the case as unfolded in the writ petition are that the petitioner, who was the holder of diploma in civil engineering, was appointed as junior engineer in the Corporation on 26. 6. 1994. While in service he was prosecuted and convicted under Section 385 IPC by the Sessions Judge, Tehri Garhwal in session Trial No. 41 of 1991 by his judgment and order dated 7. 12. 1995. On the basis of the conviction dated 7. 12. 1995 respondent no. 3, after following the procedure prescribed under Rules, in exercise of power under Rule 27 of the Conduct, discipline and Appeal Rules of the Corporation dismissed the petitioner from service vide order dated 21/25. 1. 1995.
(3.) AGGRIEVED by the said judgment and order dated 7. 12. 1995 petitioner preferred criminal appeal before High Court which was registered as criminal appeal No. 2007 of 1995. Appeal filed by the petitioner was admitted and he was also directed to be released on bail on 10. 1. 1996. The order passed by this Court is quoted below : "shri A. D. Giri appears for the appellant, Virendra Singh. The operation of the impugned order dated 7. 12. 1995 is quashed. The appellant, Virendra singh was on bail during the trial. Admit him to bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the C. J. M. Tehri Garhwal in S. T. No. 41 of 1991 under Section 395 of 1991. The realisation of the fine is stayed. ";