LAWS(PAT)-2012-2-149

ARUN KUMAR SINHA Vs. STATE OF BIHAR

Decided On February 14, 2012
ARUN KUMAR SINHA Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Heard learned counsel for the parties. Petitioner is a former employee of the State of Bihar. He was holding the post of Personal Assistant when a police case came to be instituted against him and his family members. The case in question was Janipur (Phuwarisharif) P.S. Case No. 387 of 1993 which was registered under Sections 307, 428A and 34 of the Indian Penal Code and Section 27 of the Arms Act read with Sections 3 and 4 of the Dowry Prohibition Act. He was taken into custody put under suspension. Later on the suspension was revoked but he had to suffer punishment of removal from service after his conviction since he was sentenced to undergo rigorous imprisonment for seven years. The order of removal is Annexure-1 to the writ application and has been challenged in the present writ application.

(2.) During the pendency of the writ application a significant development had taken place inasmuch as the petitioner stands honourably acquitted by the High Court in appeal which is Criminal Appeal No. 154 of 2001. The judgment of learned single Judge dated 16th April, 2010 has been brought on record through supplementary affidavit as Annexure-10.

(3.) Submission of learned Senior Counsel based on the order of acquittal is that the stigma cast by the order of conviction vanishes. His innocence has been established in appeal. He has right to go back to the post since the order of removal was based on the order of conviction.