BISHNU CHARAN SAHU Vs. BRANCH MANAGER UNITED

JUDGEMENT

(1.) THE petitioner in this writ application seeks for a direction to reinstate him in his former post in the United Commercial Bank with all financial benefits like back wages etc. and to declare the action of the authorities in dismissing him from service as illegal and arbitrary.

(2.) THE fact of the case is that the petitioner had joined the opposite party -Bank in the year 1973 and continued in service till 1996. When the petitioner was serving as Junior Manager Grade -I and posted at Brajarajnagar Branch of the Bank, because of his arrest and ultimate punishment awarded vide judgment dated 4.9.1996 in G.R. Case No. 86 of 1989 under Sections 419/467/471 of I.P.C. he was dismissed from service. Against the aforesaid order of conviction, the petitioner filed an appeal numbered as Criminal Appeal No. 83/26 of 1996 -97 before the learned Addl. Sessions Judge, Sambalpur, who by his order dated 22.3.1999 held as follows :

(3.) THE stand of the petitioner is that once he has been acquitted in appeal, the order of conviction is wiped out as the appeal is a continuation of the proceeding before the lower Court. As such, he should have been reinstated in service immediately after the appellate Court passed the order acquitting him of all charges.