R.R.PRASAD, J. - (1.) THE petitioner has prayed for a direction to the respondents for the payment of back wages and consequential benefits for the period of his dismissal until he was reinstated consequent upon acquittal from the criminal charges.
(2.) WHILE the petitioner was working as Fan Operator/Switch Board Attendant at Angarpathra Colliery, Katras, a unit of M/s. Bharat Coking Coal Limited, a criminal case was lodged under Sections 302/149 of the Indian Penal Code against him and others in which he was convicted on 23.12.1988 by the court of sessions and was sentenced to undergo imprisonment for life. Thereupon, memo of charge was served upon the petitioner calling upon him to show cause as to why not a disciplinary action be taken for committing such offence involving moral turpitude, a misconduct in terms of model standing order. Thereafter regard being had to the fact that the petitioner was convicted and sentenced for life imprisonment, he was dismissed from service with effect from 22.4.1989. Further case of the petitioner is that even appeal preferred against the order of conviction and sentence, was dismissed by this Court, vide its judgment dated 14.9.1999. Thereafter the petitioner moved before the Hon'ble Supreme Court and an filed appeal, vide Criminal Appeal No. 497 of 2000 challenging the order passed by this Court which was allowed and the order of conviction and sentence was set aside by the Hon'ble Supreme Court on 7.12.2001.
(3.) CONSEQUENT upon the acquittal from the criminal charge, the petitioner made a representation before the concerned respondents praying therein for his reinstatement with effect from 22.4.1989 but to the utter surprise to the petitioner, the said representation was rejected.;