RANJIT TALUKDAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. K Sharma, the learned counsel for the petitioner and Mr. YS Manan, the learned Standing Counsel appearing for the Public Works Department (Building and National Highway) viz; PWD(B & NH) for short.

(2.) The case of the petitioner in brief is that he was initially appointed as Work Charge Section Assistant on compassionate basis vide Office Order dated 17.03.1989 (Annexure-1). Thereafter, the petitioner alongwith two other person i.e., Sri Prabin Chandra Thakuria and Sri Prakash Bezbaruah were upgraded to the post of Sub-Engineer Grade-II from the date of taking over charge vide Office Order dated 02.04.2003 (Annexure-2).

(3.) While the petitioner was working as such, he was convicted by the Ad-hoc Additional Sessions Judge, Kamrup at Guwahati vide Judgment dated 31.12.2003 convicting and sentencing the petitioner and other co-accused persons with rigorous imprisonment for life in connection with Sessions Case No. 160(K) of 2000. On his conviction, the petitioner was sent to jail. Thereafter, he preferred an appeal against the conviction and sentence vide Criminal Appeal No.30 of 2004 alongwith an application for bail vide Misc. Case No.41 of 2004. The petitioner was then released on bail vide Order dated 23.3.2004 passed in the Misc. case. However, while the petitioner was in jail after his conviction, he was dismissed from service vide Office Order dated 10.3.2004 (Annexure-4) with immediate effect.