S.J.MUKHOPADHAYA, J. - (1.) THE petitioner who was in the services of the State having removed from service, vide order dated 4th March, 1991 in view of conviction in criminal case, has challenged the same.
(2.) THE brief fact of the case shows that the petitioner who was a Panchayat Sewak was made an accused in Terari P.S. Case No. 9 dated 17th July, 1976. In the said case, the informant alleged that while the informant with his brother returning back to their house, saw the accused persons including the petitioner ploughing the land in Plot No. 1204, which the informant had got by virtue of a deed of gift. While the brother of the informant Sachidanand Rai proceeded to unyoke the plough forcibly the accused Sheo Behari Rai (petitioner herein) gave a Farsa blow on the deceased Sachidanand Rai and other accused also assaulted. Later on, Sachidanand Rai succumbed to the injury. In view of criminal case, the petitioner was taken into custody and was placed under suspension on 17th June, 1977. Subsequently, the trial court convicted the petitioner under different sections of l.P.C. including section 302 vide judgement dated 16th September, 1982. Against the judgment of the trial court, the petitioner along with his brother preferred Criminal Appeal No. 625/82, wherein this Court on hearing the perties, vide judgment and order dated 16th April, 1986 set aside the conviction of petitioner under sections 302/147 and 302/34 l.P.C. and convicted him under section 326/34 I.P.C The sentence of petitioner was reduced to the period already undergone.
(3.) IN view of aforesaid judgment passed in Criminal Appeal No. 625/82, the same having become final, the authorities issued impugned order on 4th March, 1991, under proviso (a) to Article 311(2) of Constitution of India.;