DIWAKAR PRASAD MISHRA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE applicant in this OA was initially appointed as Postal Assistant in the year 1984. As there were some criminal charges against the applicant, his services had been terminated on 11th of January, 1987. The criminal case resulted in the acquittal of the applicant, holding that there was no evidence to prove the charges against him. The applicant thereafter, filed a representation to the second respondent for reinstatement in service on the basis of the judgment of the Criminal Court acquitting the applicant. As the respondents did not pay any heed to the request of the applicant, OA No. 979 of 1996 was filed, which was decided on 3rd September 2003, holding inter alia as under: - -

(2.) AS no order of reinstatement was passed even as per the dismissal the writ petition, the applicant moved a Contempt Petition No. 198 of 2008 and it was after receipt of a copy of the contempt petition that the respondents had passed an order on the 17th of October, 2008 reinstating the applicant with continuity of service and the applicant was paid 25% of the back wages with effect from 11th of January, 1987 till the date of his reinstatement. On the basis of the above, the contempt petition was closed by order dated 12th of January, 2009. The applicant preferred certain representations with regard to his arrears of pay and promotion in the meantime. As no order was passed in regard to the same OA 1078 of 2009 was filed by him which was disposed of with a direction to the respondents to decide his representation dated 13th of March, 2009 by a speaking order. This direction of the Tribunal is stated to have not so far been carried out.

(3.) RESPONDENTS have contested the O.A. Facts are not in dispute. They have taken shelter under the observation of the High Court wherein it has been observed." It is not disputed that the petitioners have not conducted any enquiry, had they done so, the matter would have been different. The order also does not stop them from doing it." Thus according to the respondents, since the High Court has stated that the order of the Tribunal does not stop the respondents from conducting the enquiry, there is no illegality in the issue of charge sheet.