AMARESHWAR SAHAY, J. - (1.) HEARD the parties.
(2.) THE prayer of the petitioner in this writ application is for a direction to the respondents to consider the representation of the petitioner claiming his reinstatement on the ground that one Lakshmi Prasad Tiwary whose case stood on identical footing as that of the petitioner has been granted the benefit of reinstatement in service but the case of the petitioner is not being considered and thereby he is being discriminated though he has made several representations. It appears that the Central Bureau of Investigation has instituted a case under Sections 309 and 120 -B of the Indian Penal Code in which charge -sheet was submitted against six accused persons including the petitioner and one Lakshmi Prasad Tiwari. It was alleged that the petitioner Lakshmi Prasad Tiwari connived and entered into criminal conspiracy by helping one Ratan Aluminium Industries, Muzaffarpur to lift more Coal than the allotted quantity. The Special Judicial Magistrate, C.B.I. held the petitioner and others guilty for the offence under Sections 120 -B and 409 of the Indian Penal Code but they were released on admonition under Sec.3 of the Probation of Offenders Act, 1958. However, the said judgment of the trial Court was set aside by the appellate Court and the matter was remanded back to the trial Court again for fresh hearing after the notice to the parties, but before the trial Court, the accused persons filed a petition stating therein that they were satisfied with the judgment passed by the trial Court dated 28.7.1994 and that they do not want to linger the matter any further and thereby trial Court discharged the accused persons vide order contained in Annexure -8.
(3.) AS it appears from the counter affidavit filed by the respondents that the said Lakshmi Prasad Tiwari was asked to establish his identity, which he proved and, therefore, he was reinstated in service but the petitioner whose identity was doubtful and, therefore, he was also asked to established his identity but up till now he has not been able to establish the same.;