RATNESWAR BORA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. Mamoni Das, learned counsel for the petitioner. Also heard Shri R. Dhar, learned Addl. Senior Govt. Advo ate as well as Shri S. Dutta, learned Standing Counsel, Revenue Department.

(2.) The present approach to this Court by means of this application under Article 226 of the Constitution of India is for the following relief:

(3.) It is the case of the petitioner that he was appointed as a Lot Mondol in the Revenue Department in the year 1996. However, during the discharge of his service, he was implicated in a criminal case and was arrested. Accordingly, an order was passed on 1/4/2000 for placing him under suspension. The aforesaid criminal case had ended in a conviction and accordingly the petitioner was dismissed from service. However, the order of conviction was the subject matter of an appeal preferred by the petitioner in this Court which was registered as Criminal Appeal No. 69/2005. The said criminal appeal was allowed by this Court on 17/9/2009 by setting aside the judgment of conviction which was under Sec. 304-B of the IPC.