RAJAT KUMAR DAS ROY Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. P. Kataki, learned counsel for the petitioner and Mrs. R. Bora, learned Standing Counsel, BSNL.

(2.) The order dated 28.8.2000 recording "deemed suspension" of the petitioner with effect from 7.8.2000 the date of his conviction in G.R. Case No. 867/1999 by the learned Chief Judicial Magistrate, Tezpur constitutes the subject matter of challenge in the instant proceeding.

(3.) The petitioner, who at the relevant time was serving as Sub-Divisional Officer (Phones), in the then department of Telecommunication was charged as having threatened the then Telecom District Manager, Tezpur with a pistol for transferring him therefrom. On a complaint being lodged on the incident, G.R. Case No. 867/99 was registered and on completion of the investigation, charge-sheet under Sections 448/506 IPC was submitted. The learned Sessions Judge on a consideration of the materials collected discharged the petitioner/accused of the charge under Section 307, but remanded the matter to the learned Chief Judicial Magistrate, Tezpur for trial under Sections 448/506 IPC. On the completion of the trial, by the judgment and order dated 7.8.2000 the petitioner was convicted under the above two provisions of the Code and was sentenced accordingly. At or about the same time, a parallel enquiry was held by the departmental authority which, according to the petitioner was later on abandoned. He has asserted in the petition that following his conviction, the learned trial court had allowed him to remain on previous bail. He, thereafter preferred an appeal in the court of the learned Sessions Judge, Sonitpur, Tezpur which was registered as Criminal Appeal No. 38 (S-3) 2000 and the learned lower appellate court by order dated 17.8.2000 while admitting the appeal stayed the operation of the judgment and order of the learned trial court permitting him to remain on previous bail.