NISHITA MHATRE,J. - (1.) THE challenge in this petition is to the decision of the Central Administrative Tribunal, Calcutta Bench in O.A. No. 1213 of 1998.
(2.) THE petitioner was appointed as an Extra Departmental Delivery Agent on 13th December 1980. He was arrested on 9th May 1988 for alleged offences committed under Sections 148 & 308 read with Section 149 of the Indian Penal Code. He was granted bail. However, in view of his arrest he was "put off duty". After his release on bail he requested the respondents to permit him to resume duty. The petitioner's representation was turned down. The trial against the petitioner and other persons resulted in the petitioner's conviction under Sections 148 and 302 read with Section 149 of the Indian Penal Code by the Sessions Court. An appeal was preferred by the petitioner and the other accused before this Court. The petitioner was acquitted on 1st September 1997 of the charge under Section 302 read with Section 149 of the Indian Penal Code. However he was convicted under Sections 148 and 323 read with Section 149 of the Indian Penal Code. The High Court further directed that since the petitioner had already under gone detention after conviction no further sentencing was required. The petitioner submitted his representation on 11th November 1993 to the respondents, seeking reinstatement in service. He received a communication from the authorities on 5th December 1997 informing him that since he had been convicted and sentenced, it was not possible to reinstatement in service.
(3.) THE petitioner thereafter preferred O.A. No. 1213 of 1998 challenging the order of dismissal passed against him on 30th April 1994. This order was passed in exercise of the powers conferred under Rule 8 A (i) of the Posts and Telegraphs Extra -Departmental Agents (Conduct and Service) Rules, 1964.;