Permod Kohli, J. - (1.) - Petitioner was serving as messenger Peon, Boiler Maintenance Division, Patratu Thermal Power station, Patratu. He was terminated from service vide Memo No. 5082, dated 4.9.1974 with effect from 23.8.1974. On the basis of representation made, petitioner was reinstated in service vide Memo No. 7961, dated 28.9.1977. In the meanwhile, an FIR was registered against him under Section 302, IPC at Ramgarh Police Station being Ramgarh P.S. Case No. 6(5) of 1975. At the time of re-instatement of the petitioner, respondent passed an order (Anpexure-1) whereby re-instatement was ordered to be without prejudice to the action to be taken by the Court. This order further stipulates that the period of his absence will be decided after the judgment of the case. Petitioner has placed on record a copy of final report submitted by police under Section 173 of the Cr PC whereby case of the petitioner was closed as not established. The final report has also been accepted by the Court. Despite the fact that FIR against the petitioner has been closed, period of absence has not been decided. Petitioner has accordingly approached this Court seeking a direction for deciding his period of absence. Respondents in the counter-affidavit have admitted that petitioner has been discharged by the police. Petitioner also submitted that two persons, namely Gauri Singh and Ram Awadh Saw also employees of the respondent-Board were involved along with the petitioner in the said case. Respondents have also decided the period of absence in their case but no similar decision has been taken in case of the petitioner.
(2.) In view of the above circumstances, this petition is disposed of with a liberty to the petitioner to make representation to the Jharkhand State Electricity Board within a period of four weeks. This representation shall be considered and final order passed within two months thereafter and the same be communicated to the petitioner. Petition disposed of. ;