CHAIRMAN ONGC Vs. R R NAIDU

JUDGEMENT

(1.) The instant appeal by the management under Clause 15 of the Letters Patent is directed against the judgment in the petition under Article 226 of the Constitution of India. Undisputed facts are as follows: Writ petitioner - respondent has been employed as Senior Driller by the appellants herein when he was subjected to a criminal charge and convicted for the offences under Sections 120-B and 409 I.P.C. and Section 5(2) of the Prevention of Corruption Act by the Court of Special Judge at Gauhati. On his conviction, he was first put under suspension, vide order, dated 3-5-1982 and dismissed from service, vide the office order, dated 6-6-1983. Writ Petitioner - respondent, however, preferred appeal against his conviction before the High Court of Gauhati at Assam. He also preferred a writ petition before this Court against the order of dismissal from service. The appeal against conviction in Gauhati Court, however, ended in the order setting aside the conviction by the Special Judge. The writ petition, however, was dismissed at the relevant time stating, inter alia, that if the conviction was set aside by the appellate Court and the writ petitioner - respondent was acquitted, he would be reinstated in service and in case of any modification by the appellate Court, the competent authority would review the matter in the light of the judgment of the Court. After acquittal, the writ petitioner - respondent has since been reinstated by the appellants, vide proceeding, dated 28-4-1993 as Senior Driller (re-designated as Executive Engineer (Drilling)). Writ Petitioner - respondent laid claim for full pay and allowances in terms of the Regulations applicable to his cadre for the period from the date of suspension till reinstatement. Since the organisation has not taken any action, writ petitioner - respondent has moved this Court for a declaration that he is entitled to consequential benefits of the reinstatement into service. Learned single Judge has, however, noted as follows:

(2.) While the instant appeal has been filed by the management, the writ petitioner-respondent in the instant appeal has filed an appeal, which is numbered as Writ Appeal No. 971 of 1997.

(3.) In course of the hearing of the instant appeal since we have heard both parties in all aspects of the matter, the order in the instant appeal shall also be effective in Writ Appeal No. 971 of 1997.