PANCHDEO SINGH Vs. BCCL

JUDGEMENT

(1.) THE petitioner has prayed for quashing the order dated 22.4.1989 by which he has been dismissed from service and also for quashing the order dated 30.4.2002 by which the respondents refused to reinstate him in service.

(2.) THE facts of the case lie in a narrow compass. The petitioner was working as Fan Operator/Switch Board attendant at Angara Pathra Colliery, Katras of the respondent. In the year 1981 he was made accused in a criminal case for an offence under Section 302/149, IPC and he was convicted and sentenced to undergo life imprisonment vide judgment passed by the Sessions Court dated 23.12.1988. The petitioner was served with a charge sheet by the respondents and he was dismissed from service vide order dated 22.4.1989 on the ground of his conviction in the criminal case. The judgment of conviction was finally set aside by the Supreme Court in criminal appeal No. 497 of 2000 vide judgment dated 7.12.2001. The petitioner thereafter made a representation to the respondents annexing the judgment of the Supreme Court and requested to revoke the order of dismissal and to re -instate him in service. The said representation was rejected by the respondents.

(3.) I have heard Mr. R.S. Majumdar learned counsel for the petitioner and Mr. A.K. Das learned counsel for the respondents.