BINAY KUMAR SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS letters patent appeal has been filed against the order dated 19 September, 2002 (CWJC. No. 10581 of 2002). The learned judge declined to interfere on the petitioners petition for more than one reason. Firstly, he had come to the High Court after four years when an order of dismissal had been passed in 1998. The learned Judge has also recorded that the petitioner is facing a criminal case lodged against him by the authorities of BISCOMAUN. This criminal case is still pending. An examination of a record reveals that the petitioner faces charges of defalcation of amounts of Rs. 8,51,384.29 or Rs. 3,61,445.75. This aspect is mentioned in the First Information Report. This fact is otherwise stated by the petitioner in paragraph 16 of the writ petition.

(2.) EARLIER the petitioner had also attempted to seek a relief by an indirect method by filing an application under Section 15 of the Payment of Wages Act, 1936. This application of the petitioner had not been granted. The petitioner himself mentioned in the writ petition that there is a police case no. 47 of 1998 where he faces allegation for criminal trial under Section 409 of the Indian Penal Code. The subject matter relating to the petitioner and the allegations against him have also been a matter of audit.