PRADIP KUMAR BANERJEE Vs. AIRPORT AUTHORITY OF INDIA

JUDGEMENT

(1.) The appellant herein while working with the respondent authority as an Assistant Engineer (Civil) was arrested along with another Junior Engineer under the Prevention of Corruption Act on the charge of demanding and accepting bribe from a representative of a Contractor and they were suspended on account of the aforesaid arrest. A CBI Case was registered against the said appellant and the Junior Engineer. The learned Special Judge, CBI Court finally disposed of the aforesaid CBI Case, holding the appellant guilty of the charges, although the other co-accused Junior Engineer was acquitted.

(2.) Because of the aforesaid conviction, the appellant herein was dismissed from service. Thereafter the appellant preferred an appeal before the High Court challenging the aforesaid conviction.

(3.) The appellant herein also filed a writ petition before this court challenging the order of dismissal since the same was passed without holding any enquiry. The aforesaid writ petition being W.P. No. 22034 (W) of 2000 was disposed of by a learned Judge of this court with the direction that in the event the petitioner was acquitted by the Appeal Court and the conviction was set aside, then it would be open to the petitioner to make appropriate representation before the respondent authority and the respondent authority would consider the said representation in accordance with law. The operative part of the order dated 5th February, 2001 passed in the aforesaid writ petition by the learned Single Judge is set out hereunder:-