NISHITA MHATRE, J. - (1.) THE present appeal is directed against the decision of the learned Single Judge dated 24th November, 2011. The learned Single Judge has upheld the decision of the respondents to reinstate the appellant with continuity of service but without backwages.
(2.) THE appellant was suspended by an order of 15th September, 1995 as he was implicated in an offence allegedly committed under sections 489 -A/306 read with section 34 of the Indian Penal Code. On 10th January, 2003, a show cause notice was issued to the appellant informing him that the Disciplinary Authority had decided to inflict the penalty of dismissal against him. A reply was called for from the appellant. On 11th February, 2003, the respondents issued an order of dismissal. This order was signed by the Deputy General Manager (Coordination)(ER).
(3.) THE appellant was convicted by the Sessions Court by the order dated 28th August, 2002. He preferred an appeal to the High Court being CRA No.318 of 2002. The High Court set aside the conviction by judgment and order dated 12th May, 2006. The High Court was of the view that there was absence of cogent evidence against the accused persons including the appellant and therefore, the order of conviction and sentence passed by the Sessions Court could not be sustained.;