TAPEN SEN, J. - (1.) IN this Writ Application the petitioners have prayed for quashing the orders dated 24.8.1995 dismissing the appeals filed by the petitioners, thereby confirming the order of punishment. The petitioners have also made a prayerifor a direction upon the respondents to reinstate them in service with all consequential benefits.
(2.) THE short facts which are necessary to be taken note of are that all the 40 (forty) petitioners herein were employed as Security Guards/Hawildars of the Central Industrial Security Force at Bokaro Steel Plant. According to the petitioners the Commandant, Central Industrial Security Force, Bokaro Steel Plant in exercise of powers conferred under Rule 37(b) issued en -masse order of dismissal against the petitioners without framing any charge and without making any inquiry. This order was issued on 27.6.1979 and were served on 805 persons including the petitioners. The petitioners have stated that none of them acted in any manner which should have warranted such a drastic action. However, the respondents nonetheless issued orders at random serving them upon all these persons without actually finding out as to whether they were guilty or not. These orders of dismissal were then challenged in a batch of Writ Applica - tions and they were all allowed and the orders were quashed. The petitioners have further stated that in relation to the alleged incident which led to their dismissal, a criminal case had been registered against all the 805 persons including the petitioners under Section 302 and other Sections of the Indian Penal Code as also under the provisions of the Arms Act. However, out of 805 persons, charge -sheets were submitted only against 222 persons and all the persons against whom charge -sheets were not submitted were taken back in employment. The petitioners and other persons were tried and convicted by the learned Sessions Judge where after all of them preferred Criminal Appeal Nos. 4, 5, 25, 27 and 29 of 1987 before the then Ranchi Bench of the Patna High Court and on 23.11.1989 a Division Bench acquitted all, the convicted persons including the petitioners.
(3.) IN the meantime another Writ Application bearing CWJC No. 975 of 1986(R) was filed on behalf of Jitendra Singh and others which included some of the petitioners herein who contended that the situation had changed and circumstances were then within control and therefore the order of dismissal be set aside and an inquiry be ordered to held. That Writ Application, however, was dismissed on 23.7.1985.;