SHAILEDNRA KUMAR OJHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) This writ application is directed against the order, as contained in annexure 3, issued vide memo no. 1135 dated 2.12.2000, whereby and whereunder the petitioner has been dismissed from services in exercise of powers under Article 311(2)(b) of the Constitution.

(3.) It appears that for an incident, which took place on 6/7.11.2000 in the Secretariat Campus, where the petitioner alongwith some other employees of the Secretariat indulged into hooliganism and destruction of Government property, a criminal case was instituted against the petitioner and others in Secretariat Police Station Case No. 672 of 2000 under sections 143, 353, 427, 504 and 506 read with section 511 of the Indian Penal Code. After conclusion of the investigation, the petitioner and other persons were sent up for trial. In the meantime, a departmental proceeding was initiated against the petitioner and others and all were put under suspension. The case of the petitioner, however, was separated and it was dealt with under the provisions of Article 311 (2)(b) of the Constitution and by the order impugned he was dismissed from services on 2nd December, 2000. Subsequently, the criminal trial ended in acquittal of the accused persons including the petitioner on 19.6.2002 and on the basis of the judgment of acquittal rest of the employees, who were put under suspension, were reinstated on substantive posts with all consequential benefits.