MAHENDRA KUMAR Vs. UNION OF INDIA AND 5 OTHERS
LAWS(ALL)-2018-9-127
HIGH COURT OF ALLAHABAD
Decided on September 12,2018

MAHENDRA KUMAR Appellant
VERSUS
Union Of India And 5 Others Respondents

JUDGEMENT

CHANDRA DHARI SINGH,J. - (1.) Heard Sri M. D. Singh Shekhar, learned Senior Counsel assisted by Ms. Amrita Singh for the petitioner and Sri Uday Pratap Singh, learned counsel for the respondents.
(2.) The instant writ petition is directed against the order dated 18.01.2012 passed by the respondent No. 3, Assistant General Manager, Bank of Baroda, Allahabad by which the petitioner was dismissed from service with immediate effect and order dated 12/13.03.2012 passed by Deputy General Manager, Bank of Baroda, Lucknow, whereby an appeal filed against the order dated 18.1.2012 was rejected.
(3.) Brief factual matrix relevant for the disposal of the matter as disclosed in the writ petition is that the petitioner was appointed as Driver on 05.05.1990. His work and conduct was fully satisfactory and there was no complaint with regard to his working or conduct. Ramji, his younger brother was married to one Urmila on 11.11.2003. Unfortunately Urmila expired on 02.12.2003. With regard to the death of Urmia, a report was lodged by her father Chhotey Lal at Police Station Ghoorpur, Allahabad, on the basis of which, a criminal case was registered under Sections 498-A and 304-B I.P.C. read with Section 3/4 of D. P. Act. The aforesaid F.I.R. was lodged against nine members of the family of the petitioner including the petitioner. A chargesheet was submitted against the petitioner before the court concerned. The Additional Sessions Judge, court No. 13, Allahabad passed an order/judgment on 09.09.2011 in Sessions Trial No.618 of 2006 by which the petitioner found guilty and was sentenced to undergo ten years R.I. for offence punishable under Section 304-B I.P.C., and also sentenced to undergo two years simple imprisonment and penalty of Rs. 2000/- for the offence punishable under Section 498-A. In default of payment of fine, two months' simple imprisonment. He was also sentenced to undergo one year simple imprisonment with penalty of Rs. 1000/- under Section 4 of D.P. Act. In default of payment of fine one month simple imprisonment.;


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