AKHILESH GUPTA Vs. JAMALPUR THANA CO

JUDGEMENT

(1.) . - These two appeals as well as the two contempt applications: one filed by the appellant, in F.M.A.T No. 2289 of 1993 and the other by the respondents in the said appeal and the appellants in F.M.A.T. No. 3560 of 1995 and also an application for necessary orders filed by the appellants in F.M.A.T. No. 3560 of 1995 were heard together and are being disposed of by this common judgment.

(2.) The appellant-Akhilesh Gupta admittedly was an employee of Jamalpur Thana Co-operative Agricultural Marketing Society Limited, the respondent No. 1 of F.M.A.T. No. 2289 of 1993 and appellant of F.M.A.T. No. 3560 of 1995. The appellant Akhilesh Gupta was placed under suspension on 12.1.81 as a criminal case was initiated against him, namely. G.R. Case No. 21 of 1981 under Sec. 408 of the Indian Penal Code. The appellant was, however, acquitted of the said criminal charges against him by the learned Magistrate, by a judgment dated 22.12.92. The writ application was filed during pendency of the aforementioned criminal case, which was marked as C.O. No. 10047(W) of 1989. In view of the aforementioned order of acquittal, an application for necessary order was filed which was disposed of by an order dated 28.6.93. The Society admittedly was not present when the matter was heard. By reason of the impugned order dated 28.6.93, the learned trial Judge passed the following order:

(3.) The Society filed an application for recalling of the said order which was dismissed by the learned trial Judge by an order dated 30.6.95 holding: