SUBEDAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) BY filing the present appeal the appellant who was a member of the Railway Protection Force (hereinafter referred to as the R.P.F.) has challenged the order of the writ court dated 15.3.2002 passed in C.W.J.C. No. 3434 of 2002.

(2.) THE short fact of this case is that the appellant, who was a member of the R.P.F. was made an accused in a criminal case of theft of Railway property. He was taken into custody in connection with the criminal case. He was also subjected to a disciplinary action by a departmental proceeding in which charges were found established. On the basis of the departmental enquiry he was dismissed from service with effect from 27.11.1979.

(3.) FROM the order of the writ court it transpires that the appellant, who was in custody, was subsequently released on bail, the privilege which he misused and finally surrendered before the criminal court on 16.11.2000. The trial ended in acquittal as after more than 24 years, no witness was available for being examined by the prosecution. After his acquittal in the criminal case the appellant now wants the matter of his dismissal from service to be re -opened and re -examined again in view of this development.