AKHILESH GUPTA Vs. JAMALPUR THANA CO
LAWS(CAL)-1996-6-52
HIGH COURT OF CALCUTTA
Decided on June 30,1996

AKHILESH GUPTA Appellant
VERSUS
Jamalpur Thana Co Respondents


Referred Judgements :-

AJAY KUMAR RIT V. ISWAR DHARMA THAKUR & ORS. [REFERRED TO]
CORPORATION OF THE CITY OF NAGPUR CIVIL LINES NAGPUR VS. RAMCHANDRA [REFERRED TO]
JATINDRA NATH MONDAL VS. STATE OF WEST BENGAL [REFERRED TO]


JUDGEMENT

Satyabrata Sinha, J - (1.). - These two appeals as well as the two contempt applications: one filed by the appellant, in F.M.A.T No. 2289 of 1993 and the other by the respondents in the said appeal and the appellants in F.M.A.T. No. 3560 of 1995 and also an application for necessary orders filed by the appellants in F.M.A.T. No. 3560 of 1995 were heard together and are being disposed of by this common judgment.
(2.)The appellant-Akhilesh Gupta admittedly was an employee of Jamalpur Thana Co-operative Agricultural Marketing Society Limited, the respondent No. 1 of F.M.A.T. No. 2289 of 1993 and appellant of F.M.A.T. No. 3560 of 1995. The appellant Akhilesh Gupta was placed under suspension on 12.1.81 as a criminal case was initiated against him, namely. G.R. Case No. 21 of 1981 under Sec. 408 of the Indian Penal Code. The appellant was, however, acquitted of the said criminal charges against him by the learned Magistrate, by a judgment dated 22.12.92. The writ application was filed during pendency of the aforementioned criminal case, which was marked as C.O. No. 10047(W) of 1989. In view of the aforementioned order of acquittal, an application for necessary order was filed which was disposed of by an order dated 28.6.93. The Society admittedly was not present when the matter was heard. By reason of the impugned order dated 28.6.93, the learned trial Judge passed the following order:
"Having regard to the submissions made on behalf of the respective parties, I dispose of this application, as also the writ application, by quashing the suspension order, being Annexure 'C' to the writ petition. The petitioner be reinstated in service immediately. He will be entitled to get all arrear dues and other service benefits as if he had not been placed under suspension.

Such benefits are to be made available to the petitioner within three months from the date of communication of this order. I make it clear that this order will not prevent the Society from proceeding against the petitioner departmentally, in accordance with law, if they so desire.

The application, as also the writ petition, are disposed of accordingly.''

(3.)The Society filed an application for recalling of the said order which was dismissed by the learned trial Judge by an order dated 30.6.95 holding:
"In that view of the matter, I dispose of this application by directing the concerned respondents to reinstate the petitioner in service as directed in the order of 8th June, 1993 immediately, but the same will be subject to, further order that may be passed in the Criminal Revision application said to be pending in this court against the order of acquittal passed by the learned Magistrate."

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