- (1.) Petitioner has challenged the order dated 17.7.2008 passed by the Deputy Commissioner, West Singhbhum at Chaibasa, whereby and whereunder the order of termination dated 18.6.2005 has been directed to be remained applicable. Heard the parties and perused the documents on record.
(2.) It has been submitted on behalf of petitioner that the petitioner was implicated in a case registered for the offence under Sections 149, 323 & 302 of I.P.C. in which he has been convicted.
(3.) Against the order of conviction, an appeal had been preferred by the petitioner being Cr. Appeal No. 104 of 1991 (R) by which this Hon'ble Court had been pleased to set aside the order of conviction passed under Section 302 read with Section 149 of Indian Penal Code and instead finding him guilty under Section 324 read with Section 34 of Indian Penal Code for causing injury to Jugeshwar Mahato with a fine of Rs. 50,000/- to deposit before the Trial Court. Further submission has been made that other convicts namely, Subodh Kumar Das and Mithilesh Kumar Das, who had been acquitted in criminal appeal No. 163 of 1988 setting aside the order of conviction under Section 302 read with Section 149 of the Indian Penal Code finding them guilty under Section 323 but after acquittal the Deputy Commissioner, Chaibasa reinstated Subodh Kumar Das and Mithilesh Kumar Das in service at Jagannathpur Block. The petitioner thereafter has made representation before the Deputy Commissioner. Chaibasa for giving the same treatment, but the claim of the petitioner has been rejected vide order dated 17.7.2008.;