NAROTTAM PATTANAIK Vs. CHAIRMAN-CUM-MANAGING DIRECTOR, ORISSA STATE ROAD TRANSPORT CORPORATION AND ORS.

JUDGEMENT

(1.) The petitioner, who was working as a Conductor under the Orissa State Road Transport Corporation (hereinafter referred to as "the O.S.R.T.C.") a Government of Orissa undertaking has filed this application seeking for following reliefs:-

(2.) The short fact of the case in hand is that the petitioner was appointed as a Conductor in OSRTC Limited in the year 1971 and discharged his duty assigned to him. An F.I.R. was lodged in the year 1986 by the then District Traffic Manager, Puri at Sea-Beach Police Station, Puri that while the petitioner was serving as conductor misappropriated an amount of Rs.3859.30 in the year 1984-85. On the basis of the F.I.R. lodged, investigation was undertaken and on completion of investigation, charge-sheet under Sections 467/471/409, IPC was submitted by the police which was registered as G.R. Case No. 1015 of 1986. During pendency of the criminal case, the petitioner was placed under suspension on 13.01.1986.

(3.) Mr. Tanmay Mishra, learned counsel appearing on behalf of Mr. Manoj Mishra, learned Sr. Counsel for the petitioner strenuously urged that refusal to grant back wages and consequential benefits in view of reinstatement in service by the authority is arbitrary, unreasonable and contrary to the settled position of law laid down by the apex Court as well as this Court. In order to substantiate his contention, he has relied upon the judgment in Union of India and others v. Jaipal Singh, 2003 7 Supreme 676 and Bishunu Charan Sahu v. Branch Manager, United Commercial Bank and another, 2004 1 OrissaLR 127.