ANANDA SEN - (1.) Petitioner, in this writ application, has prayed for payment of his retirement benefits. Petitioner was appointed as a Forester in Chouparan State Trading Division (West), Range Chouparan, District Hazaribagh. A criminal case was instituted against him being Chouparan Police Station Case No.103 of 1999. Said FIR was registered on 05.08.1999 under Sections 409 / 120B of the Indian Penal Code. Prior to institution of FIR, a departmental proceeding was initiated against the petitioner. There were four charges: - (i) Petitioner has defalcated a sum of Rs.33,95,170.40; (ii) He has not cooperated in physical verification of the materials, which were kept in the godown; (iii) He was not diligent in performing his duties; (iv) Dereliction of duties.
(2.) The departmental proceeding was initiated and after completion of proper departmental enquiry, vide order dated 12.05.2000, the displinary authority imposed a penalty of dismissal and it was further directed to institute a certificate case for recovery of Rs.12,32,079.70 paise, which was apportioned as the loss, which fell in the share of the petitioner.
(3.) Petitioner challenged the aforesaid order in a writ application and the same was allowed to be withdrawn. In the meantime, the petitioner was convicted in the criminal case being G.R. No.542 of 1999 (T.R. No.442 of 2013). Challenging the said judgment, the petitioner and another preferred criminal appeal bearing Criminal Appeal No. 100 and 101 of 2013. The said criminal appeal was heard and vide judgment dated 2nd December, 2014, the Appellate Court set aside the judgment of conviction and acquitted this petitioner.;