JUDGEMENT
VIRENDER SINGH,J. -
(1.) Being aggrieved of order dated 15.01.2015 handed
down in W.P.(S) No. 743 of 2009 whereby, the writ petition stands
dismissed, the appellantwrit petitioner (for short "petitioner") has
moved this Court through the medium of instant Letters Patent
Appeal which is at admission stage.
(2.) The appellant was booked in a criminal case under Sections 302, 323 r/w Section 149 of the Indian Penal Code and
he was suspended on 03.12.1984 as, he was arrested in the said
criminal case along with 11 coaccused persons. After he got bail
from the concerned court, the suspension order was revoked in
February, 1985. The trial of the said criminal case culminated into
conviction of the petitioner and 11 coaccused in April, 1991
under Sections 302, 323 r/w Section 149 of the Indian Penal
Code. The petitioner, being aggrieved of the said judgment of
conviction and sentence, preferred an appeal in the High Court
being Criminal Appeal (DB) No. 104 of 1991. However, after the
petitioner was convicted along with 11 coaccused, a showcause
notice was served upon him and vide order dated 18.06.2005 he
was dismissed from service. It needs to be mentioned here that at
that time the appeal filed by him was still pending in the High
Court which was ultimately partly allowed by settingaside the
conviction of the petitioner for the main charge of Section 302 r/w
Section 149 of the Indian Penal Code and he instead was found
guilty for the offence under Section 324 r/w Section 34 of the
Indian Penal Code. He was also directed to pay a fine of
Rs. 50,000/. Admittedly, the petitioner has not thrown challenge
to the judgment of the Division Bench of this Court rendered in
aforesaid Criminal Appeal (DB) No. 104 of 1991.
(3.) After the disposal of the aforesaid criminal appeal, the petitioner knocked the door of this Court through the medium of
W.P.(S) No. 3148 of 2007 seeking his reinstatement in service
which petition ultimately came to be disposed of vide order dated
22.02.2008 directing the Deputy Commissioner, West Singhbhum, Chaibasa (respondent no. 2 therein) to consider the
application/representation of the petitioner in right perspective to
decide his claim by passing a reasoned order within stipulated
period. Thereafter, the petitioner moved a representation before
the concerned authority which ultimately was dismissed vide
order dated 17.07.2008 which once again gave him a cause to
knock the door of the Writ Court through the medium of writ
petition [W.P. (S) No. 743 of 2008], which now stands dismissed.;
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