NASRAN RAZA Vs. CHAIRMAN, BIHAR SCHOOL EXAMINATION BOARD

JUDGEMENT

(1.) This writ petition was filed by Raja Askari the original petitioner for directing the respondents to reinstate him in service forthwith with all consequential benefits including wages, salary and pension etc. The said original petitioner died on 4.12.2010 whereafter his heirs have been substituted in his place.

(2.) The claim of the petitioners is that while the original petitioner was in service as Assistant in Bihar School Examination Board, Patna, (hereinafter referred to as 'the Board' for the sake of brevity) a criminal case bearing Patna Kotwali P.S. Case No. 15(7) of 1976 was instituted against him for offences punishable under Sections 467, 471, 420 and 120B of the Indian Penal Code. The said case was tried as T.R. No. 121 of 1989 by the Judicial Magistrate, 1st Class, Patna and the original petitioner was finally convicted for two . years rigorous imprisonment for the said offences vide judgment dated 7.2.1989. It is not in dispute that only on the said ground of conviction the original petitioner was removed from service vide order dated 4.8.1992 passed by the Secretary, Bihar School Examination Board, Patna.

(3.) Learned counsel for the petitioners also claimed that against the said order of conviction, the original petitioner filed Cr. Appeal No. 44 of 1989 and after hearing the parties and perusing the materials on record, Additional Sessions Judge-1, Patna allowed the appeal vide judgment dated 29.7.2005 and set aside the judgment of the trial court and acquitted the original petitioner. Thus, the original petitioner filed application dated 5.12.2005 and sent law-yer's notice dated 22.12.2005 before the authorities of the Board for his reinstatement, but no heed was paid to those applications and notice and hence the original petitioner was constrained to file the instant writ petition.