- (1.) THIS special appeal is directed against the judgment and order dated August 13, 1998 passed by the learned single Judge, whereby the Writ Petition was dismissed. The Writ Petition was filed by the present Appellant against the Rajasthan State Electricity Board and the Executive Engineer (O and M), Rajasthan State Electricity Board, RGM, Kota. The Petitioner was working as a Helper Gr II with the Rajasthan State Electricity Board. On the ground of pendency of a criminal case, he was placed under suspension vide order dated July 13, 1978. On February 18, 1983, the Petitioner was convicted in a criminal case under Section 302 and 149, IPC. On the basis of this conviction, his services were put to an end vide order dated March 5, 1983. i. e. Schedule A with the Writ Petition.
(2.) THE Petitioner had preferred an appeal against the conviction and sentence before this Court. The appeal was decided on January 24, 1986 and his conviction was converted under Section 323 IPC and the sentence already undergone by him was granted. On further appeal before the Supreme Court, the Petitioner was given the benefit of probation under the provisions of Probation of Offenders Act, 1958 (for short 'the Act') on April 26, 1989. In the meanwhile, the Petitioner preferred a Writ Petition being S. B. Civil Writ Petition No. 1499/1983, on April 5, 1983, and prayed that in view of the fact that the sentence passed against him was suspended in the criminal appeal, he may be taken back in service. After getting the benefit of probation under the provisions of the Act by the Supreme Court on April 26, 1989, the Petitioner had preferred yet another Writ Petition being S. B. Civil Writ Petition No. 38389, and later on withdrew the earlier Writ Petition No. 1499/1983 as the relief which had been claimed in the earlier Writ Petition could be pressed in the subsequent Writ Petition No. 3835/1989. His case was that he had been ultimately convicted only for the offence under Section 23, IPC and had also been released on probation under the provisions of the Act and, therefore, he could be taken back into service of the Respondent Board. S. B. Civil Writ Petition No. 3835/1989 was decided on November 17, 1983 with the direction that the Petitioner shall make a representation to the Department and the Department shall pass an appropriate order thereon. Against this order dated November 17, 1983 passed in S. B. Civil Writ Petition No. 3835/1989. the Petitioner preferred a special appeal before the Division Bench being D. B. Civil Special Appeal (Writ) No. 42/1994. This special appeal was decided on November 8, 1996 and the order as had been passed by the learned single Judge was upheld. The Petitioner thereafter submitted a representation on November 13, 1996 along with the copy of the High Court's Order dated November 8, 1996. This representation was decided on May 5/8, 1997 by the Executive Engineer (O and M) Rajasthan State Electricity Board, Ramganj Mandi. Aggrieved from this order dated May 5/8, 1997, the Petitioner preferred S. B. Civil Writ Petition No. 4019/1998 which was dismissed by the learned single Judge on August 13, 1998 and the same is the subject-matter of challenge in this special appeal.
(3.) DURING the pendency of the Appeal, five State Government Companies have stepped into the shoes of the Rajasthan State Electricity Board and, therefore, the cause title of the appeal was amended so as to read the names of the Respondents as under: (1) Jaipur Vidyut Vitaran Nigam Ltd. , Jaipur through CMD. (2) The Executive Engineer (O and M), Jaipur Vidyut Vitaran Nigam Ltd. , Jaipur. ;