SACHIDANAND RAI SON OF LATE BAIJNATH RAI Vs. STATE OF BIHAR THROUGH, HOME SECRETARY, GOVERNMENT OF BIHAR AND ORS

JUDGEMENT

(1.) Heard learned Counsel for the appellant and learned Counsel for the State and perused the order under appeal dated 17.8.2009 whereby the writ Court has dismissed writ petition preferred by the appellant bearing CWJC. No. 4142 of 2004.

(2.) It has been submitted on behalf of the appellant that delay of 14 to 16 years was not fatal for challenging the order of dismissal passed in the year 1988 and the appellate order passed in the year 1990 because ultimately, the appellant was acquitted in a criminal case under Section 395 and 412 of the IPC by the judgment dated 24.12.2003.

(3.) According to learned Counsel for the appellant, after the judgment of acquittal the authorities were bound to review their earlier orders and reinstate the appellant in service and since it was not done by them, the writ petition was filed immediately in the year 2004 itself.