MOHABBAT ALI Vs. BHARAT OVERSEAS BANK LIMITED

JUDGEMENT

(1.) Heard learned counsel for the petitioner. None appears on behalf of the opposite parties nor any counter affidavit has been filed. Learned counsel for the petitioner has submitted that the charges on which the petitioner has been dismissed were also subject matter of the criminal case being Case No. 3045 of 1995 in which the petitioner has been acquitted by judgment and order dated 27. 03. 1998 passed by Chief Judicial Magistrate, Lucknow, copy whereof has been filed as Annexure No. 4 to the writ petition and hence the opposite party no. 1 be directed to consider the petitioner's prayer for revoking of the termination order in view of the petitioner's acquittal in the criminal case. It has been further submitted that the criminal case has been decided on the basis of same charges and same set of evidence on the basis of which the petitioner has been dismissed from service in the departmental proceedings. Considering the special facts and circumstances of the case, it is directed that the petitioner shall file a representation alongwith a certified copy of this order as well as judgment dated 27. 03. 1998 passed by Chief Judicial Magistrate, Lucknow in Case No. 3045 of 1995 before the opposite party no. 1 within a week from today with a prayer for revoking the dismissal order and for his reinstatement in the light of the judgment of the criminal court and in case, any such representation is preferred by the petitioner before the opposite party no. 1, the same shall be considered and decided by him strictly in accordance with law by a reasoned and speaking order as expeditiously as possible, preferably within a further period of one month. The exercise as directed above shall be an independent one unfettered by any observation made in this order. It is being made clear that this Court has not expressed any opinion on the merit. List this case in the month of February 2009. In the meantime, learned counsel for the petitioner shall take fresh steps for service upon unserved opposite parties. .