MADAN KUMAR GURANG Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard the parties. The petitioner has approached this Court under Article 226 of the Constitution of India assailing the validity and correctness of the order dated 8.5.1996 (Annexure-2), passed by the respondent No. 4, the Disciplinary Authority, on the basis of findings recorded in the departmental proceeding, inflicting upon him the punishment of dismissal from service, as also the appellate order dated 25.9.1996 (Annexure-3) passed by the respondent No. 2, whereby the appeal preferred on behalf of the petitioner was dismissed and the order of punishment as contained in Annexure-2 was affirmed.

(2.) It is not in dispute that the original order, as also the appellate order, as per Annexures-2 and 3 respectively passed in the year 1996 by the competent authorities were not challenged by the petitioner for about 11 years either before any higher authority or in any proceeding before this Court. Apparently, there has been inordinate delay of almost 11 years in approaching this Court against the orders impugned.

(3.) Learned counsel appearing on behalf of the petitioner submits that the petitioner was subjected to the disciplinary proceeding as also the criminal proceeding for almost same charges. It is pointed out that in the criminal case instituted against the petitioner as far back as in the year 1992, the petitioner has, now, been acquitted by learned trial Court by judgment and order dated 28.12.2006, as contained in Annexure-4 to the writ petition. According to the learned counsel, in view of the acquittal of the petitioner in the aforesaid criminal case, the petitioner is entitled to be reinstated in service.